Terms of Service
Website Terms of Service
Effective Date: August 1, 2017
WELCOME! This website (the “Site”) is provided by Denali Media Holdings, Corp., along with its affiliates, related companies, shareholders, officers, directors, employees, representatives, and agents (collectively “Denali Media” or “we” or “us”). Denali Media provides a variety of online services on the Site subject to your acceptance and compliance with the terms and conditions set forth below (the “Agreement”).
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS SITE. IF YOU ARE NOT YET 18 YEARS OLD, A PARENT OR GUARDIAN MAY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT ON YOUR BEHALF. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.
As the web is an evolving medium, the terms of this Agreement may change from time to time. Please periodically review and become familiar with this Agreement. Your continued use of the Site after the posting of changes to this Agreement will signify your acceptance of these changes. Denali Media may immediately terminate any individual's use of the Site in the event user violates the terms of this Agreement or engages in conduct that Denali Media, in its sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
© Copyright 2001-2017 Denali Media. All Rights Reserved.
All text, images, photographs, graphics, logos, trade, product or program names, titles, packaging, user interfaces, audio and/or video content and any other content provided on or through the Site by Denali Media or its third-party licensors (including users that submit their own content), vendors and suppliers that provide internal support to our Site (collectively “Service Providers”), and advertisers, sponsors or promotional partners (collectively, “Advertisers”), including the selection, coordination, and arrangement of such content (collectively, “Denali Media Content”), are owned by or licensed to Denali Media, Advertisers, Operational Service Providers and/or our third-party licensors. Denali Media Content is protected under U.S. and/or international copyright, trademark, patent, or other relevant intellectual property laws. Nothing stated or implied on the Site confers on you any additional license or right under any copyright, trademark, patent or other intellectual property right unless explicitly provided in this Agreement.
Unless such use is expressly prohibited by Denali Media, you are permitted use the Denali Media Content for your private, non-commercial use only. You may not delete, change or obscure any of the Denali Media Content (including any copyright, trademark or other notices), and may not misrepresent that Denali Media Content is your own.
You may not make derivative works, publicly perform, reproduce, distribute, transmit or link to Denali Media Content in any manner that is likely or intended to cause confusion about the owner or origin of Denali Media Content, or is misleading, disparaging, harmful, or a detriment to Denali Media in our sole discretion. Except where permitted by law or expressly authorized by Denali Media, Denali Media Content may not be reproduced, distributed, transmitted, linked, cached or otherwise used for any commercial purposes unless you have the prior written permission of Denali Media. You may only use our Services and our Denali Media Content as expressly permitted in this Agreement and for no other purpose. We may revoke permission to use Denali Media Content at any time and for any reason. Denali Media, Advertisers, Operational Service Providers and/or licensors retain exclusive rights in any Denali Media Content that are not expressly provided in this Agreement.
Where AP Content is Used:
Some of the content published by us is used under license from the Associated Press. For that content, the terms listed at the following website apply: http://www.ap.org/termsandconditions/
REPORTING COPYRIGHT INFRINGEMENT
Denali Media is committed to complying with copyright and related laws, does not condone copyright infringement. All persons using Denali Media’s Site should be aware that they may be legally liable to copyright owners (with the potential of substantial damages) for engaging in any copyright infringement.
Complaints under 17 U.S.C. § 512 (c) regarding information residing on systems or networks at direction of users
If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Site infringes upon your copyright(s), you as the copyright owner or agent may send written notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) to Denali Media’s designated agent (see below for contact information) pursuant to 17 U.S.C. § 512(c). The notification must contain the following information as set forth in 17 U.S.C. § 512(c)(3):
- Your physical or electronic signature as a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 Denali Media to locate the material;
- Your mailing address, telephone number and email address;
- Your statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Your statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed.
When Denali Media receives a notification of claimed infringement(s) that complies with the above requirements, Denali Media will respond expeditiously to remove or disable access to the allegedly infringing material stored on its service.
If you are a user of the Site and believe in good faith that someone has wrongly submitted a notification of claimed infringement and has wrongfully requested that Denali Media remove or disable access to material, you may send Denali Media a counter notification. A counter notification must include the following information as set forth in 17 U.S.C. § 512(g)(3):
- Your physical or electronic signature;
- Identification of the material that Denali Media removed or to which Denali Media has disabled access and the location at which the material appeared before Denali Media removed it or disabled access;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number; and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Denali Media may be found, and that you will accept service of process from the person who provided notification of claimed infringement or an agent of such person.
Please note that Denali Media will forward any counter notification we receive to the copyright claimant or agent that submitted the notification of claimed infringement.
All notifications of claimed infringement and counter-notifications should go to Denali Media’s designated agent at the following address:
DMCA Copyright Agent
[1001 Northway Dr., Anchorage, AK, 99508]
Fax : (907) 929-9700
Denali Media’s logos, along with the Denali Media stations’ call signs are trademarks and service marks of Denali Media. All other trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.
CODE OF CONDUCT
You agree not to engage in any of the following conduct while using the Site. Such conduct is unacceptable and may result in termination of your use of the Site:
- Restricting or inhibiting any other user from using and enjoying the Site and services;
- Impersonating any person or entity or posting personally identifying information of any other person;
- Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
- Without Denali Media’s prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Site to become users of other online services competitive with Denali Media);
- Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Posting or transmitting materials in violation of another party's copyright or intellectual property rights;
- Using the Site for any commercial or unlawful purposes, including "spamming"; or
- Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Site.
- Using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, or robots) to navigate or search the Site, other than the search engine and search agents available from Denali Media and other than generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla, Firefox, and Google Chrome).
You may submit any text, images, data, or other materials ("User-Generated Content") to the Site. In so doing, you acknowledge and agree that you grant to Denali Media a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
- Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and translate such User-Generated Content without notice, attribution or payment to you.
- Sublicense such User-Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without notice, attribution or payment to you.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
You acknowledge that if and when Denali Media sponsors contests, sweepstakes, or promotions ("Special Program(s)"), or third parties sponsor a Special Program in conjunction with Denali Media, either Denali Media or the third party will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Program. Those terms and conditions, to the extent they conflict with this Agreement, will govern that particular Special Program.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY DENALI MEDIA. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Although Denali Media attempts to ensure the integrity of the Site, a possibility exists that the Site could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Site. Denali Media makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform Denali Media at [e-mail address] so that it can be corrected.
In many instances, the content available through the Site represents the opinions and judgments of the respective information provider, Site user or member, or other user not affiliated with Denali Media. Denali Media neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized Denali Media employees while acting in their official capacities. Under no circumstances will Denali Media be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site.
LIMITATION OF LIABILITY
NEITHER DENALI MEDIA, NOR OUR EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT DENALI MEDIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DENALI MEDIA AND ITS SPONSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE PROVISIONS RELATING TO CONTENT SUBMITTED BY YOU, (B) YOUR VIOLATION OF THE CODE OF CONDUCT ABOVE, AND/OR (C) YOUR ACTIVITIES IN CONNECTION WITH THE SITE OR SITE-RELATED SERVICES.
LINKS TO OTHER WEB SITES AND SERVICES
PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation: http://www.eff.org and America Links Up: http://www.netparents.org.
VOID WHERE PROHIBITED
Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. Denali Media reserves the right to limit the availability of the Site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Site is void where prohibited.
This Agreement is entered into in the State of Alaska and will be governed by and construed in accordance with the laws of the Alaska, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the Third Judicial District, Anchorage, and waives any jurisdictional, venue or inconvenient forum objections to such courts In the event that any of the provisions of this Agreement is held to be unenforceable, such provisions will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
Denali Media may at any time change the Site, including modifying this Agreement, eliminating or discontinuing any content or feature of the Site, restricting its availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice will be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.