The following links have been inserted for your convenience to help you find
key points in the policy. If, for some reason, they aren't working for you,
please scroll down.
Welcome to WWW.K105.COM (the “Site,” “us” or “we”), the official website for
Radio Station WKHG-FM and WMTL-AM, “K105” and “AM870 The Moose”,
Leitchfield, KY (“Station”). This site is owned and operated by Heritage
Media Of Kentucky, Inc. (“Owner and Operator”).
Unless specified otherwise on the Site, users must be at least 18 years or
older and a legal resident of the United States before participation in any
contest, sweepstakes or interactive activities. By your participation in our
Site activities, you certify that you are at least 18 years of age and meet
any other eligibility and residency requirements of the Site.
This page states the terms and conditions forming the agreement under which
you may use this Site. Please read this page carefully. If you do not accept
this Terms of Use Agreement (“Agreement”), please do not use this website.
By using this Site, you understand, acknowledge and agree that you will
abide by the terms of this Agreement and any additional terms that govern
certain products and services, which will be presented in conjunction with
those products and services (“Additional Terms”). The Site provides rules of
participation (“Rules of Participation”) for certain activities and services
including, but not without limitation, loyal listener/user clubs, awards
programs, contests, sweepstakes, email and dating services. This Agreement
will remain in full force and effect as long as you are a user of the Site
and in the event of termination of any membership, service or feature, you
will still be bound by your obligations under this Agreement, any Additional
Terms, or Rules of Participation, including any indemnifications,
warranties, and limitations of liability. The Site’s Additional Terms, *Privacy Policy, and the Rules of
Participation are hereby incorporated in this Agreement by reference. To the
extent that there is a conflict between this Agreement and Additional Terms
for the activity in which you choose to participate, the Additional Terms
shall govern. To the extent that there is a conflict between this Agreement
and the specific Rules of Participation for the activity in which you choose
to participate, this Agreement shall govern.
Heritage Media Of Kentucky, Inc may revise this Agreement at any time by
updating this posting without notice to you. Such revisions are effective to
you as a user of this Site immediately upon posting. You should visit this
page periodically to review the Agreement, because they are binding on you.
The terms "you" and "user" as used in this Agreement refer to all
individuals and/or entities accessing this Site for any reason.
The contents of this Site, including all software, design, text, graphics,
artwork, images, photographs, audio clips, video clips, and other material,
including the selection and arrangements thereof, copyrights, trademarks,
service marks and trade names (the "Material"), are the property of Heritage
Media Of Kentucky, Inc (“HERMED”) and/or its subsidiaries, affiliates,
assigns, licensors, the Site’s design, hosting, programming and contest
management/prize fulfillment vendors (collectively “operational service
providers”) and/or the Site’s advertisers, sponsors, and promotional
partners (collectively “Advertisers”). The Material is protected, without
limitation, pursuant to United States and foreign copyright, trademark and
other applicable laws. Unauthorized use of the Material may violate such
laws.
You understand, acknowledge and agree that the Site hereby grants you a
limited personal, non-exclusive, non-assignable and non-transferable license
that authorizes you to use and display the Material, provided that you
retain all copyright, trademark and other proprietary notices contained in
the original Material on any copy you may make of the Material. You further
agree that you will not, in whole or in part, sell, lease, rent, exchange,
reproduce, archive, modify, create derivative works from, publish by hard
copy or electronic means, publicly perform, display, disseminate,
distribute, broadcast, retransmit, or circulate to any third party or on any
third party website, or otherwise use the Material in any way for any public
or commercial purpose without the express approval from Infinity
Broadcasting Corporation. The use of the Material on any other website or in
a networked computer environment for any purpose is prohibited.
You are authorized to download and view a single copy of the Material on the
Site solely for your personal, noncommercial use provided that you shall
not, nor will you allow any third party (whether or not for your benefit) to
copy, adapt the object code of the Site’s software, HTML, JavaScript, or
otherwise, or reverse engineer, decompile, reverse assemble, modify or
attempt to discover any source code that the Site creates to generate its
pages on the website.
Access to the Materials may not be lawful by certain persons or in certain
countries. You also understand, acknowledge and agree that downloading of
any object code or software by website users in restricted countries is
prohibited. If you access the Site from outside of the United States, you do
so at your own risk and are responsible for compliance with the laws of your
jurisdiction.
Without the prior written permission of HERMED, you agree not to display or
use in any manner, the Station or the Site’s trademarks, including without
limitation, Heritage Media Of Kentucky, Inc and station names and call
letters, domain names, slogans, and contest and program names.
Notwithstanding any statement to the contrary in this Agreement, you will
not use or attempt to use, and shall cause each other party under your
control not to use or attempt to use, any engine, software, tool, agent or
other device or mechanism (including, without limitation, browsers, spiders,
avatars or intelligent agents) to navigate or search the Site other than (a)
the search engine and search agents available from the Site and (b)
generally available third party web browsers (e.g., Netscape Navigator or
Microsoft Internet Explorer).
As stated above, we prohibit the posting of any information that violates or
infringes the copyright rights of any person or entity. If you believe that
your work has been copied and is accessible on this Site in a way that
constitutes copyright infringement, you must provide our DMCA Copyright
Agent with a written notification. To be effective, the notification must
contain the following information in accordance with the Digital Millennium
Copyright Act:
1. An electronic or physical signature of the copyright owner or someone
authorized on the owner's behalf to assert infringement of copyright and to
submit the notification.
2. Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at this Site are covered by a single
notification, a representative list of such works at this Site.
3. Identification of the copyrighted work claimed to have been infringed or
to be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit
us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining
party, such as the party’s name, address and daytime telephone number, and
an e-mail address, if available.
5. A statement that the complaining party has a good faith belief that the
use of the infringing copyrighted work is not authorized by the copyright
owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive copyright right that is allegedly
infringed.
This Site’s DMCA Copyright Agent for receiving claims of copyright
infringement is:
Mark D Buckles
DMCA Copyright Agent
Heritage Media Of Kentucky, Inc
2160 Brandenburg Rd
Leitchfield, KY 42754
270-259-5692 (Phone)
270-259-5693 (Fax)
email: m buckles @ k105 . com (Remove Spaces)
The above address is intended only for notifications and any related
correspondence regarding claims of copyright infringement on this Site.
Correspondence pertaining to other matters will not receive a response if
sent to the above contact information.
We will remove or disable access to any posted submission for which we have
received a notice of claimed copyright infringement (or, more specifically,
any notification in substantial conformance with the Digital Millennium
Copyright Act, 17 U.S.C. § 512(c)(3)). United States law provides
significant penalties for submitting a false or fraudulent claim of
copyright infringement.
USER CONDUCT
This Site may provide users with the opportunity to submit, post and/or
exchange information, data, text, software, music, photographs, graphics or
artwork, video, audio, messages or other materials (“Postings”), whether
publicly posted or privately transmitted. You understand, acknowledge and
agree that such Postings are the sole responsibility of the person from
which such Postings originated. This means that you, the user, and not this
Site, are entirely responsible for the consequences of all Postings that you
upload, post, email, transmit or otherwise make available via the Site.
Users may not: 1) post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post it; 2)
post material that reveals trade secrets, unless you own them or have the
permission of the owner to do so; 3) post material that infringes on any
other intellectual property rights of others or on the privacy or publicity
rights of others; 4) post material that is considered by the Site, in its
sole judgment, to be obscene, indecent, defamatory, threatening, harassing,
tortuous, abusive, hateful, embarrassing or harmful to another user or any
other person or entity; 5) post a sexually-explicit image or statement; 6)
post advertisements or solicitations of business; 7) post chain letters or
pyramid schemes; or 8) post any incomplete, false, fraudulent or inaccurate
biographical information or general information which is not your own
information, or impersonate another person.
The Site does not represent or guarantee the truthfulness, accuracy,
timeliness or reliability of Postings by users and does not endorse any
opinions, which may be expressed by any user. You further agree that any
reliance on such Postings by other users will be at your own risk. We do not
regularly review, screen or monitor the Site and we assume no obligation to
do so and will not be liable or responsible to any user for performance or
nonperformance of such material. If notified by a user of any Posting or
communication which allegedly does not conform to this Agreement, we may, in
our sole discretion, investigate the allegation and may thereafter
determine, in our sole discretion, whether or not to remove or request the
removal of the material. You understand, acknowledge and agree that we
reserve the right to expel users and prevent their further access to the
Site for violating this Agreement or any applicable law, and may remove
communications which are considered to be, in our sole judgment, unlawful,
harmful, threatening, abusive, obscene, indecent, libelous, disruptive,
hateful, infringing, or racially, ethnically or otherwise objectionable.
You also grant the Site, its owner and operator, parent company(s),
affiliates, successors and assigns, the royalty-free, worldwide, perpetual,
irrevocable, non-exclusive right (including any moral rights) and license to
use, reproduce, modify, adapt, publish, retransmit, translate, create
derivative works from, distribute, communicate to the public, publicly
perform or display such content (in whole or in part), and/or to incorporate
it in other works in any form, media, or technology now known or later
developed, for so long as any rights exist in such content. You also warrant
that the holder of any rights, including moral rights in such content, has
completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license set forth in this
agreement. You also permit any other user to access, display, view, store
and reproduce such content for such user’s personal use. Subject to all of
the foregoing, the owner of such content placed on the Site retains any and
all rights that may exist in such content.
EMAIL
Email is an important communications channel for the Site and the Station.
All email sent to us should be generated by the person in whose name the
email account is registered. Email users shall not mask their identity by
using a false name or another person's name or account. We will use your
email address and the content of any email for administrative and
correspondence purposes and to send you information that you may request. We
are also required under Federal law to keep and disclose to the general
public certain email that addresses the Station’s programming and
operations. Please see our *Privacy Policy
for details.
Any non-personal content you provide to the Site by email, including, but
not limited to, feedback, data, answers, questions, comments, suggestions,
plans, ideas or the like, shall be deemed to be non-confidential and we
assume no obligation to protect such information from disclosure. You
understand, acknowledge, and agree that the submission of such information
shall in no way prevent the purchase, manufacture or use of similar
products, services, plans and ideas by the Station, this Site and corporate
affiliates, for any purpose whatever, and we shall be free to reproduce,
use, disclose and distribute such content without restriction.
To participate in various Site activities, users must complete a
registration process and may receive/select a “user name” and password. You
understand, acknowledge and agree that you are responsible for maintaining
the confidentiality of your Personal Information and Sensitive Personal
Information defined in the Privacy Policy and the user name and password
received upon registration on the Site. You will be fully responsible for
all uses of your registration and for any activity that occurs under your
password or account, whether or not authorized by you. You further agree to
immediately notify the Site of any unauthorized use of your registration
and/or password.
CHAT ROOMS, MESSAGE BOARDS AND OTHER PUBLIC AREAS
By use of or registration for any Site activity such as message boards, chat
rooms and other public forums (collectively “Public Areas”), you understand,
acknowledge, and agree that you are automatically subject to the following
rules of conduct and the Site’s *Privacy Policy.
You further agree that we reserve the right, at our sole discretion, to
terminate your membership or registration at any time, delete any or all of
your postings, block access to your membership file or profile(s) and/or
reject participation in any other activity or service provided to you by the
Site. We also reserve the right to take such actions, with or without
notice, and without any liability to the account holder and user.
As an entertainment service to our users, this Site provides Public Areas
that enable users to interact with other users, on-air talent and other
Station personnel, and share commentary on a variety of subjects. A variety
of subjects may be discussed via the Public Areas, however, use of such
areas may only be for lawful and non-commercial purposes. The Site
specifically prohibits certain uses and activities. You understand,
acknowledge, and agree that by access or registration on Public Areas or any
interactive area of the Site, you are prohibited from use of the Site for
any of the purposes below in addition to the conduct listed in the User
Conduct section of this Agreement:
1. Posting a profile for anything other than to participate in online
discussion via the Public Area.
2. Sending a message to a user for any reason other than to participate in
online discussions.
3. Deleting or revising any content or material posted by any other person
or entity.
4. Forging any TCP/IP packet header or any part of the header information in
any email or newsgroup posting for any reason.
ADVERTISING AND OTHER THIRD PARTY CONTENT
This Site provides banner and general advertising, and other content
provided by our Advertisers. You understand, acknowledge, and agree that
such third party content on this Site is not an endorsement by the Station
of the goods, services or messages conveyed in the content or the business
practices (including the privacy policies) of such third party content
providers. Users may from time to time enter into correspondence with or
participation in the advertising or promotions offered through the Site.
However, all such correspondence, including, without limitations, and
resulting contractual agreements are solely between the Advertiser and the
user. Your further agree that the Site is not responsible for upholding any
applicable terms, conditions, representations of warranties made by
Advertisers or other third parties in connection with an agreement between
users, or the purchase of goods and services offered by Advertisers or other
third parties.
This Site often provides links to third party websites and other resources
that could be of interest to our users, including the websites of our
Advertisers. You understand, acknowledge and agree that these links are
provided solely as a convenience to you and not as an endorsement by the
Site or Station of the content, advertising or business practices (including
the privacy policies) of such third party websites, whether the Station’s
logo or sponsorship identification is on the third party website, or whether
the Site conducts “framing,” which allows a user to access several web pages
or websites while still viewing a header or border from this Site. These
third party websites may have different privacy policies and business
practices than we do. Therefore, we do not endorse, verify, make any
representations, or take responsibility for the content, truthfulness,
accuracy, quality or completeness of the content or activities conducted on
such websites. You further agree that the Site, its Owner and Operator,
parent company(s), corporate affiliates, successors and assigns, and their
respective officers, directors, employees, representatives, agents, and
operational service providers will not, under any circumstances, be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with your use of or reliance on
the content, advertising or business practices of linked third party sites.
If you decide to access and use linked third party websites, you understand,
acknowledge, and agree that you do so at your own risk.
SHOPPING & E-COMMERCE
This Site may offer various goods and services for sale (“Products”), or
direct or link to other websites that sell goods and services. We have no
responsibility or liability whatsoever for goods or services you may obtain
from or through other websites or web pages, even if you were directed or
linked to such a site or page through this Site.
If a Product sold on this Site is listed at an incorrect price or with
incorrect information, we reserve the right to refuse or cancel orders
placed for that Product, whether or not the order has been confirmed and
even if your credit or debt card account has been charged (in which event we
will issue a credit to your account in the amount of the charge).
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM
ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL
PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Our creation or transmission of an order confirmation does not signify final
acceptance of your order, nor constitute a binding confirmation of an offer
to sell any Product and we reserve the right to accept or decline your order
for any reason up until the time the Product is actually delivered to you.
We reserve the right at any time, without prior notice, to limit or reduce
the quantity you ordered of any Product and we will notify you if we do so.
Products on the Site are offered for sale only to end user customers or as
personal gifts to end user customers and are not for commercial resale. We
do not accept orders from dealers, exporters, wholesalers, distributors,
resellers or other similar persons or companies, and reserve the right to
refuse, cancel or seek the return of any Products that are purchased in
violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and
applicable taxes will be added to the amount charged for Products purchased
on the Site.
If an order consists of multiple items, they may be shipped separately
depending on availability.
PRIVACY POLICY
To participate in various activities on the Site, you will be asked to
provide certain true, complete and current Personal Information or Sensitive
Personal Information. All Personal Information, Sensitive Personal
Information, and any additional type of information collected from users in
general are subject to our Privacy Policy, which is incorporated by
reference into this agreement. For more information, see our official
Heritage Media Of Kentucky, Inc, WKHG-FM, WMTL-AM And
www.k105.com reach thousands of
listeners and viewers throughout Kentucky and the world every week. To learn
the benefits of advertising your product or services on any of our products,
contact our Sales Department at (270) 259-5692 Ext 111 or request more
information via
sales@k105.com.
President/CEO: Mark Buckles
Account Executive: Angela Buckles
IT Director: Eric Foster
Program Director: Don Elliott
