Terms of Use

This site is owned or managed by El Dorado Broadcasters LLC (“El Dorado”).

El Dorado provides this El Dorado Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this El Dorado Website. Your use of this El Dorado Website constitutes your acceptance to be bound by this Agreement without limitation, qualification, or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this El Dorado Website. This Agreement sets forth El Dorado’s policies with respect to its operation of the El Dorado Websites. Other policies govern El Dorado’s non-Internet operations.

Certain products or services offered by this and/or other El Dorado Websites (each a “El Dorado Internet Service,” and collectively “El Dorado Internet Services”), and certain areas within this and/or other El Dorado Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or El Dorado Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY EL DORADO WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY EL DORADO WEBSITE MAY BE TERMINATED IMMEDIATELY IN EL DORADO’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Some parts of this El Dorado website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the El Dorado Website content.

 

Changes to this Agreement

This Agreement is effective as of December 30, 2020. El Dorado reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. El Dorado will provide notice of such change on this El Dorado Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the El Dorado Website and/or El Dorado Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this El Dorado Website and/or the El Dorado Internet Service to which the changes may apply.

Privacy and Protection of Personal Information

El Dorado has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here.

Accounts, Security, Passwords

If a particular El Dorado Website or El Dorado Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify El Dorado immediately of any unauthorized use of your account. El Dorado is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular El Dorado Internet Service.

Fees

Except where otherwise provided, access to and use of this El Dorado Website and the El Dorado Internet Services offered through this site are currently available without charge. El Dorado reserves the right to charge a fee for access to or use of this El Dorado Website, or any El Dorado Internet Service available on this El Dorado Website at any time in the future. Your access to or use of this El Dorado Website before such time does not entitle you to use of this El Dorado Website without charge in the future.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS EL DORADO WEBSITE AND/OR EL DORADO INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS EL DORADO WEBSITE OR EL DORADO INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. EL DORADO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EL DORADO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. EL DORADO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS EL DORADO WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. EL DORADO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS EL DORADO WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

 

EL DORADO IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR EL DORADO INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links

This El Dorado Website may contain links to websites operated by third parties. El Dorado does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply El Dorado’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Software and Downloads Available Through This Website

Any software that is made available to view and/ or download in connection with a El Dorado Internet Service (“Software”), including podcasts, audio streaming, or video streaming, is owned or controlled by El Dorado and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. El Dorado accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third-Party Merchants

This El Dorado Website may enable you to order and receive products, information and services from businesses that are not owned or operated by El Dorado. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. El Dorado does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. El Dorado will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the El Dorado Internet Service.

Modification/Termination by El Dorado

El Dorado reserves the right, in its sole discretion, to modify, suspend, or terminate this El Dorado Website and/or any portion thereof, including any El Dorado Internet Service, and/or your account, password, or use of any El Dorado Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

 

Termination of your account for an El Dorado Internet Service removes your authorization to use the El Dorado Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, El Dorado shall not be liable to you or any third-party for any termination of your access to an El Dorado Internet Service.

Interactive Services

This El Dorado Website may offer certain El Dorado Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively “El Dorado Interactive Services”). Additional terms may cover these services, which appear on the pages where these services are available.

Subscription Services

This El Dorado Website may offer certain El Dorado Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively “El Dorado Subscription Services”). By registering for a El Dorado Subscription Service, you will be subject to any charges and rules set forth in the description of that service

Premium Services

Some El Dorado Internet Services on this El Dorado Website, including certain El Dorado Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“El Dorado Premium Service”). By using the El Dorado Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service.

Contests/Sweepstakes

Any sweepstakes, contests, games and/or promotional offers accessible on this El Dorado Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this El Dorado Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this El Dorado Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this El Dorado Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

El Dorado Broadcasters, LLC., its subsidiaries and affiliated companies (together, the “Company”), will conduct the Contest and by participating, each participant agrees as follows:

The Company may conduct the Contest concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various States, and the Company may add or remove participating stations or change call letters of any participating station at any time during the Contest as announced on the affected station.  Participating stations are but are not limited to KATJ-FM, KATJHD2-FM, KBLU-AM, KIXA-FM, KIXW-AM, KQSR-FM, KTTI-FM, KXVV-FM, KMPS-AM, KZXY-FM & HDDailynews.com

NO PURCHASE NECESSARY.  PURCHASE DOES NOT INCREASE ODDS OF WINNING. Void where prohibited.  Odds of winning depend upon the number of participants.

Prize(s).  The prize(s) that may be awarded to the eligible winner(s) are specifically described on-air or in print depending upon the nature of the contest. Prizes are not transferable, redeemable for cash or exchangeable for any other prize.  All prizes must be redeemed within 2 weeks of winning or within 2 weeks of the announcement of winning. No cash equivalent for prize will be awarded. Prize is nontransferable. If a winner cannot be contacted or is disqualified, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.

Eligibility and Limitations.  Participants and winner(s) must be U.S. residents at least 18-years old as determined by the Company and reside in the Station’s Total Survey Area (TSA).  A parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Company reserves the right to refuse to award a prize to or on behalf of any minor.  Only one (1) entry per person.  Only one (1) prize per household for the Contest.  Only one (1) prize per household from any of the Company’s stations within any thirty (30) day period. Any prize with a value of $50 or more restricts that winner from winning for ninety (90) days. Employees of the Company, the Contest’s participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate and win.  The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.

Telephone and Delivery Disclaimer.  If a contest is a call in to win contest and/or a telephone is needed to participate in the Contest, participants are restricted to the use of ordinary telephone equipment.  Participants that enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number if prompted, or disable the features inhibiting their participation in the Contest.  Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems.  The Company disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company’s control, or otherwise.  For all contests the Company disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.  The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including:  failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.  Entry forms in a register-to-win contest must be handwritten.  No photocopies or mechanical reproductions of entry forms is permitted.

Publicity; Use of Personal Information.  By participating, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use.  By participating in the Contest, where allowed by law, participants agree that the Company may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.

Release.  By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the use of any prize.  In order to receive a prize, participants must sign an official waiver form provided by the Company.

Taxes.  Any valuation of the prize(s) is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules.  Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded.  Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

Conduct and Decisions.  By participating in the Contest, participants agree to be bound by the decisions of Company personnel.  Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified.  Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited.  The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final.  If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate.  All decisions will be made by the Company and are final.  The Company may waive any of these rules in its sole discretion.  ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.

Miscellaneous.  Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize.  The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the Station(s).  The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest.  All entries become the property of the Company and will not be returned.

Compliance with Law.  The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein.  Station(s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by local and state law.

 

Limitations on Liability

In no event shall El Dorado, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the El Dorado Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the El Dorado Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the El Dorado Website or any information, software, products, services, and related graphics obtained through the El Dorado Website; (vi) any transactions entered into through this El Dorado Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this El Dorado Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the El Dorado Website and El Dorado Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if El Dorado has been advised of the possibility of damages.

Indemnification

You agree to indemnify, defend, and hold harmless El Dorado, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this El Dorado Website and any related El Dorado Internet Service and/or software. El Dorado reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with El Dorado in asserting any available defenses.

International Use/U.S. Export Controls

Accessing materials on this El Dorado Website by certain persons in certain countries may not be lawful, and El Dorado makes no representation that materials on this El Dorado Website are appropriate or available for use in locations outside the United States. If you choose to access this El Dorado Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this El Dorado Website. No software or any other materials associated with this El Dorado Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a El Dorado Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

PRIVACY STATEMENT

This statement informs you of El Dorado’s practices with respect to the online collection, use, and disclosure of personal information from this El Dorado Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.

El Dorado is the owner of this website and retains all ownership rights to the information collected at this site. El Dorado reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.

Do Not Track

This site does not currently support Do Not Track or DNT software.

Personalization

Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as listener clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service.

We may use the contact information you give us to better tailor your website experience to your interests, to request your opinions with respect to media and entertainment, and to send you information about El Dorado and its services as well as promotional material on behalf of some of our partners. We may use information that you provide to us to inform you of content on the web, radio and other methods of content delivery, in which you may be interested and to provide or display the content according to your preferences. We will also share this information within the El Dorado family in order to enhance your experiences with El Dorado.

In addition, we may share this information with advertisers or other third parties that are not part of the El Dorado family on an aggregate or other .

 

Online Surveys/Contests

From time to time, we may conduct online surveys and contests. These 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.

OFFICIAL STANDARD CONTEST RULES FOR EL DORADO BROADCASTERS LLC STATIONS & WEBSITES: Additional contesting could have additional rules or amendments to these rules. For website contests including Facebook contesting, see individual rules which pertain and are specifically designed for that contest.

El Dorado Broadcasters, LLC., its subsidiaries and affiliated companies (together, the “Company”), will conduct the Contest and by participating, each participant agrees as follows:

The Company may conduct the Contest concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various States, and the Company may add or remove participating stations or change call letters of any participating station at any time during the Contest as announced on the affected station.  Participating stations are but are not limited to KATJ-FM, KIXA-FM, KIXW-AM, KXVV-FM, KMPS-AM and KZXY-FM.

NO PURCHASE NECESSARY.  PURCHASE DOES NOT INCREASE ODDS OF WINNING. Void where prohibited.  Odds of winning depend upon the number of participants.

Prize(s).  The prize(s) that may be awarded to the eligible winner(s) are specifically described on-air or in print depending upon the nature of the contest. Prizes are not transferable, redeemable for cash or exchangeable for any other prize.  All prizes must be redeemed within 2 weeks of winning or within 2 weeks of the announcement of winning. No cash equivalent for prize will be awarded. Prize is nontransferable. If a winner cannot be contacted or is disqualified, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.

Eligibility and Limitations.  Participants and winner(s) must be U.S. residents at least 18-years old as determined by the Company and reside in the Station’s Total Survey Area (TSA).  A parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Company reserves the right to refuse to award a prize to or on behalf of any minor.  Only one (1) entry per person.  Only one (1) prize per household for the Contest.  Only one (1) prize per household from any of the Company’s stations within any thirty (30) day period. Any prize with a value of $50 or more restricts that winner from winning for ninety (90) days. Employees of the Company, the Contest’s participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate and win.  The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.

Telephone and Delivery Disclaimer.  If a contest is a call in to win contest and/or a telephone is needed to participate in the Contest, participants are restricted to the use of ordinary telephone equipment.  Participants that enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number if prompted, or disable the features inhibiting their participation in the Contest.  Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems.  The Company disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company’s control, or otherwise.  For all contests the Company disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.  The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including:  failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.  Entry forms in a register-to-win contest must be handwritten.  No photocopies or mechanical reproductions of entry forms is permitted.

Publicity; Use of Personal Information.  By participating, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use.  By participating in the Contest, where allowed by law, participants agree that the Company may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.

Release.  By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the use of any prize.  In order to receive a prize, participants must sign an official waiver form provided by the Company.

Taxes.  Any valuation of the prize(s) is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules.  Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded.  Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

Conduct and Decisions.  By participating in the Contest, participants agree to be bound by the decisions of Company personnel.  Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified.  Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited.  The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final.  If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate.  All decisions will be made by the Company and are final.  The Company may waive any of these rules in its sole discretion.  ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.

Miscellaneous.  Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize.  The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the Station(s).  The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest.  All entries become the property of the Company and will not be returned.

Compliance with Law.  The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein.  Station(s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by local and state law.

 

Supplemental Information

To enhance El Dorado’s ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.

 

Shopping/Commercial Services

This El Dorado site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).

We will use the financial information that you provide to bill you for products and services. By giving our site your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.

We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.

Public Forums

This site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

 

Information Sharing with Third Parties

From time to time we may enter into a special relationship with another company that is not owned by El Dorado to provide additional features at this site. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity, such as TicketMaster. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.

Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the El Dorado family. For example, this may occur at a feature that enables you, via our site, to ask questions of persons or entities that are not part of the El Dorado family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.

With respect to specific registration modules, like contests, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties.

Finally, we may share any of the information collected from you with these other non-El Dorado companies in an aggregate basis.

IP Address and Log Files

We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.

 

Cookies

This El Dorado site may use a standard technology called a “cookie” to collect information about how you use the site. Cookies reside on your computer and help our website to recognize your computer’s browser as a previous visitor. This information allows us to customize delivery of information. For example, our site may use cookies to save and remember registration information or preferences that you may have set while browsing the site, to keep track of your shopping cart, to ensure you don’t see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you don’t have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy.

In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.

Finally, we may also use an ad network provider to help present advertisements on this and other El Dorado Web sites. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours.

 

Banner Advertising

We license ad-server software from another company to place banner advertising on our sites. All of the data provided and generated by the ad-server software remains in our possession and no data is transferred to the licensor of the software. This feature of our site may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.

 

Children’s Personal Information

Consistent with the Children’s Online Privacy Protection Act:

This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.

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.

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.

 

Your Choices

This El Dorado site provides you the opportunity to direct us not to share your Personal Information with third parties (other than our service providers), not to use your Personal Information to provide you with information or offers, or not to sent you newsletters, emails or other communication. To opt-out of receiving email communications, you may:

Modify your registered user information on our website; or

Send us notice by mail at El Dorado Broadcasters LLC, 11920 Hesperia Road, Hesperia CA 92345

Your opt-out request will be processed within 30 days of the date on which we received it.

Please include the web address, call letters or station’s name. (Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.)

 

Access to Personal Information

El Dorado gives you the opportunity to modify or remove personal information that you have provided to us. You may do so by modifying your password-protected registered user

 

Security of Your Personal Information

El Dorado employs reasonable security measures consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.

 

Sale or Merger

If this site is sold to, or merges with, another company not owned by El Dorado, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, El Dorado 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.

 

Legal Process

You should be aware that El Dorado may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.

 

Contacting the Website

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can webmaster@edbroadcasters.com. Please include the web address, call letters or station’s name. Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.

 

Leased Content

Neither Standard & Poor nor any third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, unauthenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Either Standard & Poor or third party licensors have exclusive proprietary rights from the information received via the service. Customer, end-user, or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Customer, end-user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the source of such information. Provision of the information on the service is subject to termination in the event that any agreement between a third party licensor and a provider of information distributed through the service is terminated in accordance with its terms. Third party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for investment decisions based on the information provided hereby.

 

General Information

This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or El Dorado brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this El Dorado Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Sacramento, California. You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

 

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and El Dorado with respect to the use of this El Dorado Website and shall not be modified except in writing, signed by an authorized representative of El Dorado.

 

If you have any questions concerning this Agreement, you may send them by email to webmaster@edbroadcasters.com. You must send any official correspondence via postal mail to:

 

Danny Fogle

ATTN: Websites Terms of Use

El Dorado Broadcasters LLC

11920 Hesperia Road

Hesperia, CA 92345

 

European Union and Other Foreign Nations

This El Dorado website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. El Dorado makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.

 

COPYRIGHT & TRADEMARK NOTICE

 

Use of Intellectual Property

The El Dorado Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, El Dorado logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by El Dorado or by other parties that have provided rights thereto to El Dorado.

 

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this El Dorado Website, in whole or in part, without the express written permission of El Dorado.

 

Other trademarks, service marks, product names and company names or logos appearing on this El Dorado Website that are not owned by El Dorado may not be used without express permission from their owners.

 

Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this El Dorado Website, or frame this El Dorado Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the El Dorado Website in an email for commercial purposes, without the express written permission of El Dorado.

 

You may inquire about obtaining permission by writing:

 

Danny Fogle

ATTN: Websites Terms of Use

El Dorado Broadcasters LLC

11920 Hesperia Road

Hesperia, CA 92345

webmaster@edbroadcasters.com

 

Copyright Infringement

El Dorado respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this El Dorado Website, you are granting permission to have this material posted on this El Dorado Website and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. El Dorado reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights El Dorado may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.

 

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

 

By mail:

 

Danny Fogle

ATTN: Websites Terms of Use

El Dorado Broadcasters LLC

11920 Hesperia Road

Hesperia, CA 92345

webmaster@edbroadcasters.com

 

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit El Dorado to locate the material.

 

(iv) Information reasonably sufficient to permit El Dorado to contact the complaining party, such as an address, telephone number, and, if available, an email address.

 

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

(vi) 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 right that is allegedly infringed.

 

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

 

INTERACTIVE SERVICE ADDITIONAL TERMS

 

You may participate in the El Dorado Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form where one is provided. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the El Dorado Interactive Service.

 

You agree that you will not:

 

Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).

Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the El Dorado Website, or any postings which advocate illegal activity.

Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.

Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.

Deliver, or provide links to, any postings containing defamatory, false or libelous material.

Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.

Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.

Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.

Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.

Use this El Dorado service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the El Dorado Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Site or El Dorado’s servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.

Attempt to gain unauthorized access to this El Dorado Website, any related website, other accounts, computer system, or networks connected to this El Dorado Website, through hacking, password mining, or any other means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this El Dorado Website, including harvesting or otherwise collecting information about others such as email addresses.

 

You are solely responsible and liable for postings delivered to the El Dorado Website using your account. Any violation of these provisions can subject your El Dorado account to immediate termination and, possibly, further legal action.

 

El Dorado does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to an El Dorado interactive website by you or other users. El Dorado is not obligated to and does not regularly review, monitor, delete, or edit postings. However, El Dorado reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. El Dorado is not responsible or liable for damages of any kind arising from any postings even when El Dorado is advised of the possibility of such damages, or from El Dorado’s alteration or deletion of any posting.

 

The information and opinions expressed in postings on this El Dorado Website are not necessarily those of El Dorado or its content providers, advertisers, sponsors, affiliated or related entities, and El Dorado makes no representations or warranties regarding that information or those opinions. El Dorado does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

 

Unless otherwise provided, all postings to the El Dorado Website automatically and immediately become the property of El Dorado without any obligation of confidentiality. El Dorado shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that El Dorado does not retain exclusive ownership of any posting, then you hereby expressly grant to El Dorado a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.

 

PREMIUM SERVICE ADDITIONAL TERMS

 

You may register for an El Dorado Premium Service by reading and agreeing to the Terms of Use Agreement and these Premium Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Premium Service Additional Terms, you may not register for the El Dorado Premium Service.

 

Member Account and Password

You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.

 

Charges for Premium Service

El Dorado will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.

 

In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.

 

Limited to Personal and Non-Commercial Use

This premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing:

 

Danny Fogle

ATTN: Websites Terms of Use

El Dorado Broadcasters LLC

11920 Hesperia Road

Hesperia, CA 92345

 

Cancellation

You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this site, we will return the unused portion of your membership fee on a 52-week pro-rated basis within ninety (90) days of your cancellation of your membership.

 

We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.

 

Modification of these Terms of Use

El Dorado may from time to time change the terms and conditions governing this premium service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.

 

Submissions

Unless otherwise stated, we will not review or consider any unsolicited submissions to this premium service. All submissions to this premium service become our property. No submission will be subject to any reimbursement or other payment by us.

 

Service Contact

You may email your requests for customer service through the contact information provided on the home page of this premium service.

 

Effective: December 30, 2020 12:00:01 AM PST.

 

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