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Privacy Policy

Privacy Policy

Last updated: December 14, 2018

  1. Introduction

Independence Television Company d/b/a WDRB media and its subsidiaries and affiliated entities (together, "WDRBmedia," “us,” or "we") respect your privacy and are committed to protecting it.

This Policy describes the types of information we may collect from you or that you may provide when you visit this website or any other website operated by us on which we have posted this Privacy Policy (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect: (1) on this Website; (2) through our mobile, desktop, or television applications (each, an “App”); (3) when you communicate with us electronically including by email, text-message, or other site-related electronic communication; and (4) when you interact with our advertising on third-party websites (collectively, the “Services”).  

It does not apply to information collected by: (1) us offline; or (2) any third party including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not make use of our Services. By accessing or using our Services, you agree to this Privacy Policy. This Policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

  1. Children Under the Age of 13

Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Services, make any purchases through the Services, use any of the interactive or public comment features of the Services or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at webteam@wdrb.com.

  1. Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Services, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information that is defined as personal or personally-identifiable information under an applicable law ("personal information");
  • that is about you but individually does not identify you, such as your responses to online polls; and/or
  • about your internet connection, the equipment you use to access our Services and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
  • From third parties, for example, our business partners.
  1. Information You Provide to Us 

The information we collect on or through our Services may include:

  • Information that you provide to us when you use our Services, including information provided at the time of registering for an account, signing up for text alerts, subscribing to news updates, promotions, weather alerts, school closings, and other communications from us, posting material, or reporting a problem with our Services. This also includes information you provide when you choose to participate in surveys, polls, sweepstakes, contests or promotions sponsored by us.
  • Records and copies of your communications (including email addresses), if you contact us.
  • Details of transactions you carry out through use of our Services including details relating to the placement and fulfillment of your orders. You may be required to provide financial information before placing an order through our Services.
  • Your searches on the Services.
  • Your job applications.

You also may provide information to be published or displayed ("posted") on public areas of the Services or transmitted to other users of the Services or third parties (collectively, “User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

  1. Information We Collect or Store as You Access and Use the Service

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your access to and use of the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Services.
  • Information about your computer and internet connection, including your IP address, operating system, browser type, mobile network information, and a device’s telephone number.
  • The areas within our Services that you visit and your activities there.
  • Your device characteristics.
  • Date and time of day of access.

We may use various tracking technologies, whether now in existence or hereafter created, to store and collect usage information. Tracking technologies may set, change, alter or modify settings or configurations on your device. Tracking technologies include:

(1)               Cookies. A cookie is a small file placed on the hard drive of your computer or your web browser to enable our systems to recognize your browser and to provide convenience and other features to you. You may block, limit, or delete the storage of browser cookies by activating the appropriate setting on your browser or other software, or deleting the cookies manually from your device. However, if you block and/or delete cookies, some portions of our Services may not function properly or be available to you. Unless you have adjusted your browser setting so that it will block cookies, our systems will issue cookies when you direct your browser to our Services.

 

(2)               Preference Based Advertising: We may work with third parties, including advertising companies and website analysis firms, who use cookies and web beacons to collect non-personally identifiable information when you visit our Website, use our Apps, or visit third-party sites. This non-personally identifiable information, collected through cookies and web beacons, is typically used by these third-party advertising companies (i.e., advertising networks) to serve you with advertisements while on third-party sites that are tailored to your preferences and needs. If you do not wish to participate in this activity, go to www.aboutads.info and follow the simple opt-out process provided at that link.

 

A couple of important notes about this opt-out tool: (1) it includes all the advertising networks that we may work with, but also many that we do not work with; and (2) it may rely on cookies to ensure that a given advertising network does not collect information about you (“Opt-out Cookies”) – an explanation of how Opt-out Cookies work can be found on www.aboutads.info. Therefore, if you use a different device, change web browsers or delete these Opt-out Cookies from your computer, you will need to perform the opt-out task again. In addition, third-party mobile applications, such as AppChoices (offered by the Digital Advertising Alliance), may allow you to opt out of preference-based advertising via your device.

 

(3)               Do Not Track Features: Certain internet browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference-based advertising purposes (“DNT Notice”). Some browsers are, by default, set to provide a DNT Notice, whether that reflects your preference. Please note that with respect to our Website, we do not take any action based on browser based DNT Notices. If you do not wish to participate in preference-based advertising activities, you should follow the simple opt-out process identified above. 

 

There may be other tracking technologies now or later developed that we use in connection with the Services.

  1. Information from Other Sources

We may receive information from third parties and use it individually or combine that information with information we collect through the Services. For example:

  • We may allow you to use and share our Services by using an account you have with a social network or other third party, such as Facebook, Google, or Twitter (“Social Network Account”). In such instances, we may receive, and you are granting us access to certain information regarding your Social Network Account (e.g., friends, mutual friends, contacts, etc.). We may make this information available on or through the Services and to our users. You may be able to restrict what information is shared and how it is used through privacy and other settings. Also, depending on the privacy settings you have set in your Social Network Account, personally identifiable information may be shared with us and made available through the Services and to our users.

 

  • We may receive information from data collection technologies employed by third parties, for more information see Third Party Information Collection.
  1. Third-Party Information Collection

Some content or applications, including advertisements, that are on the Services are served by third parties, including advertisers, ad networks and servers, analytics companies, content providers, and application providers, who use tracking technologies to collect information about you when you access and use our Services or visit third-party sites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based (behavioral advertising) or other targeted content. We do not control these third parties' tracking technologies or how they may be used. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Use Of Your Information.

Our Services may also link to, contain links to or embed functionality provided by third parties; we do not control or maintain these third parties, nor are we responsible for the privacy practices they employ.

If you have any questions about a third party’s practices, you should read the third party’s privacy statement or contact the third party directly.

  1. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To provide the Services and associated content to you.
  • To provide you with information, products, or services that you request from us.
  • To manage your account and provide you notices about your account.
  • To fulfill any other purpose for which you provide it.
  • To send you communications that we believe may be of interest to you, including information about our own and third parties’ products, services, news, events, promotions, or special offers.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To process transactions and send you related information, including receipts or other documentation related to any purchases you make.
  • To notify you about changes to the Services or any products or services we offer or provide though the Services.
  • To allow you to participate in interactive features through the Services.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

In addition, the information we collect automatically helps us to improve our Services and allows us to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the Services.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

  1. Public Forums

We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our Website or Apps can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personally identifiable information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Website or Apps.

  1. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates, and business partners.
  • To contractors, service providers, and other third parties we use to support our business operations.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of WDRBmedia’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by WDRBmedia and obtained through our Services (including Website and Apps) is among the assets transferred.
  • To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Your Choices About Our Use of Your Information.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of WDRBmedia, our customers, or others.
  1. Your Choices About Our Use of Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies or block the use of other tracking technologies, please note that some parts of the Services may then be inaccessible or not function properly.
  • Promotional Offers from Us. If you do not wish to have your contact information used by us to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to webteam@wdrb.com. If we have sent you a marketing or promotional email, you may select the unsubscribe link at the bottom of the email or you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to WDRBmedia as a result of a product purchase, product service experience or certain other transactions. If you are currently receiving text messages from us, you may opt out by following the instructions contained in those messages.
  • Targeted Advertising by Us. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data or by emailing your request to webteam@wdrb.com.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. [You can also always opt-out by logging into the Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to webteam@wdrb.com.
  • Location Information:  you may withdraw your consent by disabling location features for your device – the Services should still work though certain location features may not function and certain other Services may be limited.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

  1. Accessing and Correcting Your Information

You can review and change your personal information by logging into the Services and visiting your account profile page.

You may also send us an email at webteam@wdrb.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Services users. Proper access and use of information provided on the Services, including User Contributions, is governed by our terms of use.

  1. Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to webteam@wdrb.com or write us at: 624 West Muhammad Ali Blvd., Louisville, KY 40203.

  1. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like comment sections. The information you share in public areas may be viewed by any user of the Services.

Unfortunately, the transmission of information via the internet is not completely secure. Although we take reasonable steps to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

  1. Changes to Our Privacy Policy

We may update our Privacy Policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated and, if you have registered with us, notify you by email, text message, or with an in-service alert the first time you use the Services after we make the change.

You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you, and for periodically visiting this Privacy Policy to check for any changes.

  1. Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

 

Mail:

WDRB Media

624 West Muhammad Ali Blvd.

Louisville, KY 40203

Phone: 502-584-6441

Email: webteam@wdrb.com

 

Terms of Use

Last Modified: December 2018

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Independence Television Company d/b/a WDRB media and its subsidiaries and affiliated entities (together “WDRBmedia,” “us,” or "we"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of WDRBmedia’s websites, applications, or other digital services where these Terms of Use are posted, including any content, features, functionality, and services offered on or through the same that we make available to you (collectively, the "Digital Services"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Digital Services. THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE[KMA1] .

BY USING THE DIGITAL SERVICES [MMF2] YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY[MMF3] , INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Digital Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Unless we state otherwise, all changes are effective immediately when we post them, and apply to all access to and use of the Digital Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Digital Services.

Your continued use of the Digital Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Your Privacy

All information that you provide to us or that we collect through your use of the Digital Services is governed by our Privacy Policy[MMF4] . By using the Digital Services you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Accessing and Using the Digital Services

We reserve the right to withdraw or amend the Digital Services, and any service or material we provide through or in connection with the Digital Services, including, without limitation, information, data, text, photos, videos, audio, articles, comments, software, scripts, graphics, and interactive features (“Content”), in our sole discretion without notice. We will not be liable if for any reason all or any part of the Digital Services or Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Digital Services or Content.

To access the Digital Services, you may be asked to create an account by providing certain registration details or other information. It is a condition of your use of the Digital Services that all the information you provide on the Digital Services be correct, current, and complete. You are responsible for maintaining the accuracy of such information.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Digital Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

WDRBmedia Apps

License. As part of the Digital Services, users are able to download and use the WDRBmedia applications (the “WDRB Apps”). Subject to the terms of this Agreement, WDRBmedia grants you a limited, revocable, non-exclusive and nontransferable license in the United States to (a) download, install, and use the WDRB Apps for your personal, non-commercial use on a computer, mobile phone, or other wireless or internet enabled device owned or otherwise controlled by you (“Device”); and (b) access and use the Digital Services and Content made available on such Devices through the WDRB Apps, strictly in accordance with these Terms of Use.

Restrictions. You shall not: (a) copy the WDRB Apps, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the WDRB Apps; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the WDRB Apps or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the WDRB Apps, including any copy of the WDRB Apps; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the WDRB Apps, or any features or functionality of the WDRB Apps, to any third party for any reason; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the WDRB Apps.

Reservation of Rights. You acknowledge and agree that the WDRB Apps are provided under license, and not sold, to you. You do not acquire any ownership interest in the WDRB Apps under these Terms of Use, or any other rights in relation to the WDRB Apps other than to use the WDRB Apps in accordance these Terms of Use and the license granted in these Terms of Use. All other rights are expressly reserved to WDRBmedia and its licensors.

Updates. WDRBmedia may from time to time in its sole discretion develop and provide WDRB Apps updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may modify or delete in their entirety certain features and functionality. You agree that WDRBmedia has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (a) the WDRB Apps will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the WDRB Apps or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the WDRB Apps and be subject to all terms and conditions of these Terms of Use.

Export Regulations. The WDRB Apps may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the WDRB Apps to, or make the WDRB Apps accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the WDRB Apps available outside the US.

Text Messaging

By using the WDRB Apps or by otherwise providing us with your mobile phone number in connection with your use of the Digital Services, you agree that we may communicate with you regarding WDRBmedia by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Digital Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your WDRBmedia account information to ensure that your messages are not sent to the person that acquires your old number. You may stop text messages from us by following the instructions contained in those messages.

Mobile Device Access

To the extent you access the Digital Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your WDRBmedia account information to ensure that your messages are not sent to the person that acquires your old number.

Intellectual Property

The Digital Services and Content and all rights therein are owned by WDRBmedia, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

In some cases, we may make a document or report available in PDF or other print-ready format for you to print or download. In such a case, you may download or print the document for your personal, non-commercial use, unless additional or different terms provided with the material specify otherwise.  Except as permitted in these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials on or through the Digital Services, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (3) except for materials owned by third parties and except for materials that may be subject to additional or different terms, you may print or download one copy of a reasonable number of pages of the Digital Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Your access and use of the Digital Services and Content is for personal and noncommercial purposes only. No right, title or interest in or to the Digital Services or Content is transferred to you, and all rights not expressly granted are reserved by WDRBmedia.

Trademarks

The WDRB, Snow Fox® and Storm View HD® names and logos, and all related names, logos, product and service names, designs and slogans are trademarks of WDRBmedia or its affiliates or licensors. You must not use such marks without the prior written permission of WDRBmedia. All other names, logos, product and service names, designs and slogans on the Digital Services are the trademarks of their respective owners.

User Conduct

You may use the Digital Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Digital Services or Content:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Digital Services, or which, as determined by us, may harm WDRBmedia or users of the Digital Services or expose them to liability.

Additionally, you agree not to:

  • Use the Digital Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Digital Services, including such party’s ability to engage in real time activities through the Digital Services.
  • Use any robot, spider or other automatic device, process or means to access the Digital Services for any purpose, including monitoring or copying any Content.
  • Use any manual process to monitor or copy any of the material on the Digital Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Digital Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Digital Services, the server on which the Digital Services or Content are stored, or any server, computer or database connected to the Digital Services.
  • Attack the Digital Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Digital Services.

User Contributions

The Digital Services may allow you to post, submit, publish, display or transmit (hereinafter, “post”) content or material including without limitation, comments, suggestions, product reviews, photos, ideas, and other materials (collectively, “User Contributions”) on or through the Digital Services.

Any User Contribution you post will be considered non-confidential and non-proprietary. By posting any User Contribution on or through the Digital Services, you grant us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors and assigns;
  • Your User Contributions will not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Neither your User Contributions nor use of your User Contributions will infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity;
  • Your User Contributions will not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; and
  • All of your User Contributions do and will comply with these Terms of Use.

You agree that we may use information or User Contributions you provide us through email, comments, polls, or any other user generated submission, and may use your name and any stories you provide us.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not WDRBmedia, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Digital Services.

Monitoring and Enforcement; Termination

We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates such party’s rights, including intellectual property rights or the right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Services.
  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Terminate or suspend your access to all or part of the Digital Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Services. YOU WAIVE AND HOLD HARMLESS WDRBMEDIA AND ITS AFFILIATES, BUSINESS PARTNERS,  LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANYOF  SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Digital Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Digital Services infringes your copyright, you may request removal of those materials (or access to them) from the Digital Services by submitting written notification to our Copyright Agent who is designated below. It is the policy of WDRBmedia to terminate the accounts of repeat infringers.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Digital Services, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Digital Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

DMCA Notices must be delivered to our designated Copyright Agent: 

William Lamb

WDRB Media

624 West Muhammad Ali Blvd.

Louisville, KY, 40203

Reliance on Information Posted

The information presented on or through the Digital Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Digital Services, or by anyone who may be informed of any of its contents.

The Digital Services may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WDRBmedia, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the WDRBmedia. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Digital Services

We may update the content on the Digital Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Digital Services may be out of date at any given time, and we are under no obligation to update such material.

Online Purchases and Other Terms and Conditions

We may make certain products, features, and services available for purchase (“Purchases”) on or through the Digital Services. You agree to pay any applicable fees for any Purchases you make, including any applicable taxes. You represent and warrant to WDRBmedia that any payment information you provide to WDRBmedia is true and correct and that you are authorized to use such payment method. You agree to promptly update your account information with any changes that may be necessary (for example, a change in your billing address or credit card expiration date).

 

Additional terms and conditions may also apply to specific portions, services or features of the Digital Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Social Media Features

The Digital Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Digital Services.
  • Send e-mails or other communications with certain content, or links to certain content, on the Digital Services.
  • Cause limited portions of content on the Digital Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.

Third Party Sites and Services

The Digital Services may link to or may be accessed in connection with other sites, services, apps, advertisements or resources, that are provided by third parties (“Third-Party Sites and Services”). We may earn a commission when you click on or make a purchase via the links of Third-Party Sites and Services.

These Third-Party Sites and Services are provided for your convenience only. We have no control over the content, operations, policies, terms, or other elements of those Third-Party Sites and Services, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Sites and Services, you do so entirely at your own risk and subject to the applicable third party’s terms and conditions of use and privacy policies.

Geographic Restrictions

The owner of the Digital Services is based in the state of Pennsylvania in the United States. We provide the Digital Services for use only by persons located in the United States. We make no claims that the Digital Services or any of content provided on or through the Digital Services is accessible or appropriate outside of the United States. Access to the Digital Services may not be legal by certain persons or in certain countries. If you access the Digital Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

 

YOUR USE OF THE DIGITAL SERVICES, ANY DIGITAL SERVICES CONTENT, AND ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE DIGITAL SERVICES, ANY DIGITAL SERVICES  CONTENT, AND ANY SERVICES. MATERIALS OR ITEMS OBTAINED THROUGH YOUR USE OF THE DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WDRBMEDIA NOR ANY PERSON ASSOCIATED WITH WDRBMEDIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE DIGITAL SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER WDRBMEDIA NOR ANYONE ASSOCIATED WITH WDRBMEDIA REPRESENTS OR WARRANTS THAT THE DIGITAL SERVICES, THE DIGITAL SERVICES CONTENT OR ANY SERVICES. MATERIALS OR ITEMS OBTAINED THROUGH THE DIGITAL SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR DIGITAL SERVICES OR THE SERVER THAT MAKES THE DIGITAL SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DIGITAL SERVICES OR ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE DIGITAL SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WDRBMEDIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WDRBMEDIA, ITS AFFILIATES, BUSINESS PARTNERS, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL SERVICES, CONTENT OR SUCH OTHER WEBSITES OR ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE DIGITAL SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless WDRBmedia, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Digital Services, including, but not limited to, your User Contributions, the Content, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Digital Services.

If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Governing Law and Jurisdiction

All matters relating to the Digital Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Digital Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Pennsylvania in each case located in [COUNTY], Pennsylvania [MMF5] although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At WDRBmedia’s sole discretion, it may require you to submit any disputes arising from the use of the Digital Services or arising under these Terms of Use,  including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE DIGITAL SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by WDRBmedia of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WDRBmedia to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary to enable such provision and the remaining provisions of the Terms of Use to be enforceable and continue in full force and effect.

Entire Agreement

The Terms of Use (including our Privacy Policy and any other additional terms incorporated by reference) constitutes the sole and entire agreement between you and WDRBmedia with respect to the Digital Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Digital Services.

Your Comments and Concerns

The Digital Services are operated by WDRBmedia, 624 West Muhammad Ali Blvd., Louisville, KY 40203.

All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright section of this Terms of Use, in the manner and by the means set forth in these Terms of Use.

All other feedback, comments, requests for technical support and other communications relating to the Digital Services should be directed to: webteam@wdrb.com.

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