RADIO Fargo-Moorhead | Legal Notices

RADIO FARGO-MOORHEAD
1020 S. 25th Street
Fargo, North Dakota 58103

Office General Info: (701) 237-5346
Office General Fax: (701) 237-0980

Acceptance of Terms Through Use
By using RADIO Fargo-Moorhead Web site, radiofargomoorhead.com (the "Site"), you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the site immediately.
Links to Third Party Sites

RADIO Fargo-Moorhead site contains links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the contents of any linked site or subsequent links from that site. Please review the linked site's use agreements, and if you do not agree to be bound by the terms governing that site, we recommend that you terminate your visit to that site. We provide links only as a courtesy to our users, and such links do not imply our endorsement of any linked site.
Intellectual Property

You acknowledge that all content and materials available on this site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by RADIO FARGO-MOORHEAD or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. RADIO FARGO-MOORHEAD, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by RADIO FARGO-MOORHEAD. The use or misuse of any of these materials is strictly prohibited.

User's Grant of Limited License
By posting or submitting content to the Site, you grant RADIO FARGO-MOORHEAD and our affiliates and worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content and that our public posting and use of your content will not infringe or violate the rights of any third party. RADIO FARGO-MOORHEAD retains the right to monitor, edit or otherwise change your posting or other content submitted to the Site without your permission. Copyright Policy and Procedure for Claims Pursuant to Title 17, United States Code, Section 512(c), notifications of claimed copyright infringement should be sent to our Designated Agent. If you believe that your copyrighted work has been copied and is available on the Site in a way that constitutes copyright infringement, please refer to our Copy write Policy.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER RADIO FARGO-MOORHEAD, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RADIO FARGO-MOORHEAD, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
You agree to defend, indemnify, and hold RADIO FARGO-MOORHEAD, RADIO Fargo-Moorhead and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the Content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. RADIO FARGO-MOORHEAD makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

Choice of Law
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of North Dakota, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of North Dakota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability
These Terms of Use constitutes the entire agreement between RADIO FARGO-MOORHEAD and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. RADIO FARGO-MOORHEAD reserves the right, in its our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.

Privacy Policy
General RADIO FARGO-MOORHEAD and its affiliates respect your privacy and believe the best way to serve you on the Internet is with honesty, accountability and adherence to legal standards. We are sensitive to the issue of privacy and have structured our online activities to maximize your control over the disclosure of your own personally identifiable information. This Privacy Policy supplements our general Terms of Use, which we also urge you to read. By using our Web site (the "Site"), you agree to be bound by the terms of this Privacy Policy and by the Terms of Use. We may change this Privacy Policy at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to frequently review this Privacy Policy, and, if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

Privacy of Children
RADIO FARGO-MOORHEAD encourages parents and guardians to be aware of and participate in their children's online activities. We strictly adhere to the Children's Online Privacy Protection Act and will not knowingly register or otherwise collect personally identifiable information from any child under the age of 13 without the prior verifiable consent of that person’s parent or guardian.
What Information is Collected
RADIO FARGO-MOORHEAD may collect two types of information about you: personally identifiable information (such as your name, address, telephone number and e-mail address) and aggregate information that is anonymous (such as your IP address - a number used to identify your computer when you are on the Internet - or the type of browser you are using).

Personally Identifiable Information: You may be required to register or otherwise voluntarily provide personally identifiable information to have access to some features of the Site. You always may choose not to provide the personally identifiable information, but this may lead to decreased functionality of the Site for you and our inability to provide you with certain products or services. We also may request you to voluntarily provide personally identifiable information that is not required to access features of our site. This information enables RADIO FARGO-MOORHEAD to make general improvements to the Site and better serve your specific interests.
Aggregate Information: RADIO FARGO-MOORHEAD may transparently collect aggregate information through the use of cookies or by other means. We use this information to assess general usage patterns, administer and make improvements to the Site and collect demographic information useful in some way to RADIO FARGO-MOORHEAD and our business partners. We hope that by using Aggregate Information, we can update the Site to make it more useful to you and other users. We, and our business partners, reserve the right to use, maintain, update and disclose Aggregate Information.

What We Will and Will Not Do With the Information You Provide
RADIO FARGO-MOORHEAD uses information generally to compile statistical data, keep in contact with users and provide them with a better interactive experience.
We may use your information specifically for the following purposes: to provide easy access every time you return to the site without requiring re-entry of registration information; to keep you informed about products and services in which you may have interest; to complete business transactions; to contact you as part of a promotion; to allow you to make a posting on the Site; to administer individual accounts; to provide customer support; to meet legal requirements; to provide Internet security; and/or to analyze the collected information. Also, in the event that we are involved in a sale of a substantial portion of our business assets, customer information may be among the transferred assets.

RADIO FARGO-MOORHEAD works closely with our business partners and certain other third parties who may perform functions on our behalf, such as fulfilling orders, providing promotional materials to our users, sending e-mail, managing data, processing credit card payments or providing customer service. They have access to your personally identifiable information only to the extent necessary to perform their functions and may not use it for any other purpose. Further, these business partners and other third parties may from time to time wish to extend special offers to you on their own behalf. We may use your personally identifiable information to assist our business partners in offering you these products, services and information and may act as an intermediary (for instance, sending you e-mail on their behalf).

Other than for the specific purposes set forth in this Privacy Policy, we will not disclose your personally identifiable information to any third parties unless we obtain your prior consent or are legally compelled to do so. In addition, we will not contact you without your permission except as specified above or in connection with the registration process. On the Site, you will be given the opportunity to opt out of receiving e-mails or other information from RADIO FARGO-MOORHEAD. If you have questions about how your personally identifiable information is used, please contact us.
Third Party Advertising We use third-party advertising companies to serve ads when you visit the Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

Cookies
When you visit the Site, we or a third-party advertiser may store or recognize some information on your computer in the form of a "cookie" or similar file that can help us in many ways. For example, cookies allow us to tailor our site to better match your interests and preferences. With most Internet browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. If you reject cookies, functionality of the Site may be severely limited, and you may not be able to take advantage of many of the Site's best features.

About Our Forums
The Site features forums (such as message boards and chat rooms), which enable our users to communicate with each other. We do not moderate and are not responsible for the content which you or any user posts on any forum on the Site. All personally identifiable information you post in a forum may be viewed, collected and used by any visitor to the Site and is beyond our control. Therefore, RADIO FARGO-MOORHEAD strongly recommends that you do not post on any forum private information about yourself or other individuals.
Linking to Our Business Affiliates' and Third Party Web Sites
The Site contains links to sites operated by our business partners and other third parties. Once you leave the Site, you may or may not see a new URL in the location bar. Please review the linked site’s privacy policies, and if you do not agree to be bound by the terms of the policies governing that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties.
How Secure is Your Information

Any unauthorized use of the Site may result in criminal and/or civil prosecution. We have policies and procedures in place to protect the privacy and confidentiality of your information that we collect and maintain. All personally identifiable information is stored on our secured servers, behind a firewall at a data center with access to data strictly controlled. To help ensure the privacy of your information, we urge you not to share your user name and password with anyone and recommend that you change your password frequently and store it in a safe place. If you are asked to create a user name or password, please select words that do not personally identify you.
Our site offers "auto login" which allows users to enter member areas of our site without re-entering password information. You may want to disable auto login on your "Set Up" page if you are not the only person using your computer.

How Information Can Be Accessed or Modified
If you have any concerns about privacy procedures at our Web site or wish to access or modify your personally identifiable information collect at the Site:

• Write us at: Attn: Privacy/RADIO Fargo-Moorhead.fm, RADIO FARGO-MOORHEAD, 1020 S. 25th Street, Fargo, ND 58103
• Call us at: [701-237-5346]
• Fax us at: [701-237-0980]
Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns

Copyright Policy

If you believe that your copyrighted work has been copied and is available on this site in a way that constitutes copyright infringement, you may notify KMJO-FM by providing our Designated Agent (listed below) with the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) 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;
(3) 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 the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(5) 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; and
(6) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written Notification containing the above information in complete form must be submitted to the following Designated Agent:

RADIO Fargo-Moorhead
1020 S. 25th Street
Fargo, ND 58103
Office 701-237-5346
Fax 701-237-0908

This contact information is only for reporting copyright infringement, and unrelated inquiries may not receive a response. Contact information for other matters is provided elsewhere on this site.

Upon receipt of the Notification containing the complete and accurate information listed above, Service Provider shall:

(1) Remove or disable access to the material that is alleged to be infringing;
(2) Forward the written Notification to such alleged infringer ("Subscriber");
(3) Take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

If a Subscriber wishes to respond to notice and take down of infringing material, he/she may file Counter Notification, a written communication provided to the Service Provider's Designated Agent that includes substantially the following:

(1) A physical or electronic signature of the Subscriber;
(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(3) A statement under penalty of perjury that the Subscriber has 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;
(4) The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the above information, Service Provider shall:

(1) Provide the Complaining Party with a copy of the Counter Notification; (2) inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
(3) Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.

• Write us at: Attn: Copyright/RADIO Fargo-Moorhead, 1020 S. 25th Street, Fargo, ND 58103
• Call us at: [701-237-5346]
• Fax us at: [701-237-0908]

Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns

RADIO Fargo-Moorhead
Basic Contest Rules
The following are basic contest rules applying to any and all contests run on RADIO Fargo-Moorhead. Each contest may have its own special qualifications and eligibility rules, in which case, a separate list of rules will be available for public inspection.

I. All RADIO FARGO-MOORHEAD contests are open to all listeners, unless a specific age is required and specified by an advertiser, agency or by RADIO Fargo-Moorhead. Full and part-time employees, and their families, of RADIO Fargo-Moorhead, its representatives, its agencies or employees of any other AM, FM or television broadcast station serving the Fargo-Moorhead Market and persons, and their families, who have been employed by RADIO Fargo-Moorhead in the (60) day period immediately preceding the effective date of the contest are ineligible to enter or participate in any and all RADIO Fargo-Moorhead contests.

II. No purchase is necessary and the contest is void where prohibited by law.

III. Winners are not eligible to participate in any RADIO Fargo-Moorhead contests for a period of sixty (60) days from the original date of qualifying or winning a contest and or prize conducted by RADIO Fargo-Moorhead.

IV. All prizes, unless otherwise specified by RADIO Fargo-Moorhead, must be picked up within thirty (30) days from the date won, between the hours of 10AM and 5PM during regular office business hours at the RADIO Fargo-Moorhead offices located at 1020 S. 25th Street, Fargo, ND 58103. Holidays are included in the thirty (30) day pick-up period. Winners will be required to present their valid government issued photo identification to claim prize. It is the responsibility of the winner, unless otherwise specified by RADIO Fargo-Moorhead, to claim their prize within the time limit. Prizes specified to be picked-up must be claimed in person and signed for by the winner. Designated winner’s representatives will be allowed to claim prizes only if RADIO Fargo-Moorhead is informed in writing and by phone that such a representative will be picking up their prize and that they have been given the power of attorney to sign a prize release for the winner and or approved by a representative of RADIO Fargo-Moorhead.

V. If a winner is under 18 years of age, RADIO Fargo-Moorhead requires that their parent or legal guardian accompany said winner when claiming prize. Additionally, parent or legal guardian must present valid photo identification and a social security card and must sign the RADIO Fargo-Moorhead prize release form to claim prize.

VI. All prizes not claimed within the thirty (30) day period will become the property of RADIO Fargo-Moorhead. RADIO Fargo-Moorhead may at its discretion, award the prize to another listener, either in the same contest, or at a later date and separate contest. Every attempt will be made to award all major contest prizes, whether claimed by the original winner or not.

VII. In case of dispute over telephone line malfunctions, the decision of RADIO Fargo-Moorhead will be final. In the event that 2 or more phone lines are “tied together” during a phone-in contest, the entire call will be disqualified, and another call will be taken. RADIO Fargo-Moorhead cannot award duplicate prizes to both parties in a “tied-together” situation, which is a circumstance beyond the control of the station

Fargo-Moorhead, North Dakota-Minnesota
KFGO-AM; KBVB-FM; KRWK-FM; KVOX-AM; KMJO-FM; WDAY-FM
EEO PUBLIC FILE REPORT
For Period December 01, 2010 – November 30, 2011
I.  VACANCY LIST
See Master Recruitment Source List (MRSL) for recruitment source data

Fargo-Moorhead, North Dakota-Minnesota
KFGO-AM; KBVB-FM; KRWK-FM; KVOX-AM; KMJO-FM; WDAY-FM
EEO PUBLIC FILE REPORT
For Period December 01, 2010 – November 30, 2011

II.  MASTER RECRUITMENT SOURCE LIST (MRSL)

FARGO-MOORHEAD, NORTH DAKOTA-MINNESOTA
KFGO-AM / KBVB-FM / KRWK-FM / KVOX-AM / KMJO-FM / WDAY-FM
EEO PUBLIC FILE REPORT
For Period December 01, 2010 – November 30, 2011

III.  RECRUITMENT INITIATIVES