This Website Visitor Agreement (this “Agreement”) is a binding legal contract between you and SummitMedia, LLC (“SummitMedia,” “we,” “us,” or “our”). It governs your access to and use of summitmediacorp.com, its subdomains, and any content, features, or services we make available through them (collectively, the “Service”). “Affiliate” means any entity that controls, is controlled by, or is under common control with SummitMedia. Please read this Agreement carefully.
1. Acceptance of This Agreement
By accessing or using the Service, you agree to this Agreement. When we ask you to confirm your agreement, such as by checking a box or clicking a button, that confirmation is also your acceptance. If you do not agree, do not use the Service.
2. Changes to This Agreement
We may update this Agreement from time to time. When we do, we will post the updated version on the Service and change the “Last Updated” date above. If we make a material change, we will provide reasonable notice, such as a notice on the Service or an email to registered users. Changes take effect when posted unless we state otherwise. Your continued use of the Service after a change takes effect means you accept the updated Agreement. Changes do not apply to any dispute that arose before the change was posted.
3. Eligibility and Permitted Use
You must be at least 13 years old to use the Service. If you are under 18, or under the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian who agrees to this Agreement.
You may use the Service for your own informational purposes or to evaluate or conduct business with SummitMedia. You may not resell, sublicense, or otherwise transfer access to any part of the Service. You agree to use the Service only for lawful purposes and in compliance with this Agreement and all applicable laws.
4. Privacy
Our Privacy Policy explains how we collect, use, disclose, and protect personal information through the Service. It is available through a link on the Service. Please review it before using the Service or submitting any information to us.
5. Additional Terms and New Features
Some features of the Service, such as client portals, text-message programs, promotions, or employment applications, may be subject to additional terms presented with that feature. Those terms become part of this Agreement for that feature. If they conflict with this Agreement, the additional terms control for that feature. Unless we state otherwise, any new feature or service we add to the Service is subject to this Agreement.
6. Accounts and Login Credentials
Some features may require you to register or use login credentials. You agree to provide accurate, current, and complete information and to keep it updated. You may not register under another person’s name or use another person’s account without permission. You are responsible for keeping your credentials confidential and for all activity under your account, and you agree to notify us promptly of any known or suspected unauthorized use. We may refuse, suspend, or terminate any account or username at our discretion, including one we consider offensive or misleading.
7. Equipment and Connectivity
You are responsible for the devices, software, and internet or mobile service needed to access the Service, and for any fees charged by your internet, mobile, or data provider. You may not use any device or software that interferes with the operation of the Service, and we may block access from any device or software that does.
8. Fees
Access to the Service is currently free unless we state otherwise. We may charge fees for certain features in the future. If we do, we will disclose those fees before you incur them, and you will not be charged for any feature without your agreement.
9. Ownership and Intellectual Property
The Service and its content, including text, articles, photographs, images, illustrations, graphics, audio and video material, musical compositions, sound recordings, software, logos, trademarks, service marks, station call letters, names, and design elements (collectively, “Content”), are owned or licensed by SummitMedia, its Affiliates, or its licensors. Content is protected by United States and international copyright, trademark, and other intellectual property laws. All rights not expressly granted in this Agreement are reserved.
10. Limited License to You
Subject to this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Service and to display or print Content for your personal, non-commercial use, provided you keep all copyright and other proprietary notices intact. Except as expressly permitted, you may not reproduce, download, distribute, publish, publicly perform, display, modify, create derivative works from, license, sell, or otherwise exploit any Content without prior written permission from us or the applicable rights owner. You are welcome to share links to Content and to tell others how to find it.
11. Linking and Framing
You may link to the Service, provided the link does not suggest that we sponsor, endorse, or are affiliated with you or your website, products, or services, and is not used for any unlawful or harmful purpose. Without our prior written permission, you may not frame, in-line link, or embed any part of the Service or its Content in another website, application, or service, or use our trademarks or logos.
12. Audio Streams, Podcasts, and Video
The Service may provide or link to live audio streams, podcasts, and video. These are made available for personal listening and viewing only. You may not record, capture, rebroadcast, retransmit, redistribute, or publicly perform any stream, podcast, or video, or remove or bypass any advertising within it. Availability may vary by location, device, or rights restrictions, and we may change or discontinue any stream or program at any time.
13. Prohibited Uses
You may not, and may not help or allow anyone else to:
- Use the Service for any unlawful, fraudulent, harmful, or unauthorized purpose.
- Post or transmit content that is unlawful, threatening, abusive, harassing, defamatory, obscene, or invasive of another person’s privacy.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Post or transmit content you do not have the right to share, including content that infringes any patent, trademark, trade secret, copyright, or other proprietary right, or that discloses confidential information.
- Send unsolicited advertising, promotional material, spam, or any other form of solicitation.
- Upload or transmit viruses, malware, or any other code designed to disrupt, damage, or gain unauthorized access to any software, hardware, or network.
- Forge headers or otherwise manipulate identifiers to disguise the origin of any content.
- Interfere with or disrupt the Service or the servers and networks that support it.
- Gain or attempt to gain unauthorized access to the Service, any account, or any connected system or network, including by hacking or password mining.
- Use any robot, spider, scraper, crawler, or other automated means to access, copy, collect, or monitor the Service or its Content, except for search engines indexing the public Service in accordance with our robots.txt file.
- Use any Content to develop, train, fine-tune, or improve any artificial intelligence or machine-learning model or system.
- Collect, harvest, or store personal information about other users.
- Stalk, harass, or threaten any person, or encourage others to commit illegal acts or cause injury or property damage.
- Reverse engineer, decompile, or disassemble any software that is part of the Service, except as permitted by law.
- Violate any applicable local, state, national, or international law or regulation.
14. Submissions and Your License to Us
If you submit text, photos, video, comments, or other material to us through the Service (“Submissions”), you represent that you own each Submission or have the owner’s express permission to submit it, and that it does not violate this Agreement or anyone else’s rights.
By submitting it, you grant SummitMedia, its Affiliates, and anyone authorized by us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, archive, publish, display, publicly perform, distribute, create derivative works from, and otherwise exploit the Submission in any media now known or later developed, for any purpose, without compensation to you. You also allow us to identify you as the author of the Submission by name or username, as we consider appropriate.
We may, but are not required to, review, edit, move, or remove any Submission at any time for any reason. We do not review every Submission, and we do not endorse or guarantee the accuracy of any Submission, whether it comes from a user, a guest, or a member of our staff.
This section does not apply to employment applications or to information you provide in order to conduct business with us. Those are handled under our Privacy Policy and any applicable agreement.
15. Unsolicited Ideas
We do not accept unsolicited ideas, proposals, or creative material, such as programming concepts, show ideas, or marketing plans, outside of a signed written agreement. If you send them anyway, you agree that they are not confidential, that we have no obligation to review or return them, and that we may use them without compensation or attribution to you.
16. Third-Party Content, Advertising, and Links
The Service may include advertising, sponsorships, and links to third-party websites, applications, products, and services, including websites of SummitMedia stations, which may have their own terms. We do not control and are not responsible for third-party content, products, services, privacy practices, or security. A link or advertisement does not mean we endorse the third party or what it offers.
If you purchase from or interact with a third party, you do so at your own risk, and your dealings are solely between you and that third party. To the fullest extent permitted by law, you release SummitMedia and its Affiliates from any claims arising from your use of third-party websites, products, or services.
17. Copyright Infringement Notices (DMCA)
We respect intellectual property rights and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. If you believe material on the Service infringes your copyright, send our designated agent a written notice that includes:
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
- Identification of the copyrighted work claimed to be infringed or, if a single notice covers multiple works, a representative list of those works.
- Identification of the material claimed to be infringing, with information reasonably sufficient for us to locate it, such as its URL.
- Your name, address, telephone number, and, if available, email address.
- A statement that you have 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.
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Send notices to our designated agent:
Keith Cummings, Designated Copyright Agent
SummitMedia, LLC
800 Shades Creek Parkway, Suite 725
Birmingham, AL 35209
Phone: (205) 322-2987
Email: keith.cummings@summitmediacorp.com
When we receive a valid notice, we will remove or disable access to the material and notify the person who posted it.
Counter-Notification
If material you posted was removed and you believe it was removed by mistake or misidentification, you may send our designated agent a counter-notification that includes:
- Your physical or electronic signature.
- Identification of the removed material and the location where it appeared before it was removed.
- A statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which SummitMedia may be found), and that you will accept service of process from the person who submitted the original notice or that person’s agent.
Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages. In appropriate circumstances, we will terminate the accounts and access of users who are repeat infringers.
18. Disclaimer of Warranties
We work to keep the Service accurate and current, but it may contain errors or become outdated. Confirm any information that is important to a decision before relying on it. You use the Service at your own risk.
THE SERVICE AND ALL CONTENT, INFORMATION, AND FEATURES AVAILABLE THROUGH IT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SUMMITMEDIA, ITS AFFILIATES, AND THEIR LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUMMITMEDIA, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, FOR USE OF THE SERVICE DURING THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, THE LIMITATIONS ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
20. Indemnification
You agree to indemnify, defend, and hold harmless SummitMedia, its Affiliates, licensors, and service providers, and their respective officers, directors, employees, and agents, from and against all claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your use of the Service, (b) your Submissions, (c) your violation of this Agreement, or (d) your violation of any law or the rights of any third party. We may assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate with that defense at your expense.
21. Enforcement, Suspension, and Termination
We may suspend or terminate your access to all or part of the Service at any time, without notice, if we believe you have violated this Agreement or that your conduct may harm SummitMedia, other users, or third parties. We may also modify, suspend, or discontinue any part of the Service at any time.
We may access, preserve, and disclose information about your use of the Service, including content you submit, when we believe it is reasonably necessary to comply with law or legal process, enforce this Agreement, or protect the rights, property, or safety of SummitMedia, our users, or the public.
Provisions of this Agreement that by their nature should survive termination will survive, including those covering intellectual property, Submissions, disclaimers, limitation of liability, indemnification, and governing law.
22. Governing Law and Disputes
This Agreement is governed by the laws of the State of Alabama, without regard to its conflict-of-laws rules. Before filing a claim against SummitMedia, you agree to try to resolve the dispute informally by sending us written notice describing the dispute and the relief you seek. If the dispute is not resolved within 30 days after we receive your notice, either party may proceed in court. You and SummitMedia consent to the exclusive jurisdiction of the state and federal courts located in Jefferson County, Alabama, for all disputes arising out of or relating to this Agreement or the Service.
23. General Terms
- Entire Agreement. This Agreement, together with any additional terms that apply to specific features of the Service, is the entire agreement between you and SummitMedia regarding the Service and supersedes any prior agreements on that subject.
- Severability. If any provision of this Agreement is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
- No Waiver. Our failure to enforce any provision of this Agreement is not a waiver of our right to enforce it later.
- Assignment. You may not assign or transfer this Agreement or any rights under it. We may assign this Agreement without notice, including to an Affiliate or in connection with a merger, acquisition, or sale of assets.
- Electronic Communications. You agree to receive communications from us electronically and agree that electronic agreements, notices, and disclosures satisfy any legal requirement that they be in writing.
- Headings. Section headings are for convenience only and do not affect the interpretation of this Agreement.
24. Contact Us
Questions about this Agreement may be sent to:
SummitMedia, LLC
Attn: Website Visitor Agreement
800 Shades Creek Parkway, Suite 725
Birmingham, AL 35209
Phone: (205) 322-2987