Delta Media Corporation | Terms of Service

These Terms of Service (the "Terms") govern your access to and use of websites, mobile applications, audio and video streams, digital platforms and other online services that are owned or operated by Delta Media Corporation (collectively, the "Sites and Services"). In these Terms, "Delta Media," "we," "us" and "our" refer to Delta Media Corporation. "You" and "user" refer to each person who accesses or uses the Sites and Services.

Acceptance of These Terms

By accessing or using any Site or Service, you acknowledge that you have read, understood and agree to be bound by these Terms and any additional terms presented for a particular feature, promotion or service. If you do not agree, do not access or use the Sites and Services.

If you use the Sites and Services on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms. In that situation, "you" includes both you and the organization.

Scope of the Sites and Services

The Sites and Services may include station websites, mobile applications, live or on-demand audio and video streams, articles, programming information, podcasts, newsletters, social media features, contests, sweepstakes, surveys, polls, advertising and other digital content or functionality. Features may vary by station, platform, location and device.

These Terms apply only to Sites and Services owned or operated by Delta Media. Separate official rules, subscription terms, platform terms or other notices may apply to a specific feature. If those additional terms conflict with these Terms, the additional terms control for that feature.

Eligibility and Use by Minors

You must be legally capable of agreeing to these Terms. If you are not old enough to enter into a binding agreement in your jurisdiction, you may use the Sites and Services only with the involvement and permission of a parent or legal guardian.

The Sites and Services are intended for a general audience. If you are under 13, do not submit personal information through a contest, account, form or other interactive feature unless Delta Media has provided a legally compliant parental notice and consent process. Promotions may impose additional age, residency and eligibility requirements.

Permitted Use

Delta Media grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Sites and Services for personal, lawful and noncommercial purposes, subject to these Terms. This license does not transfer ownership of any content, software, branding or other material.

You may share links to publicly available pages through normal linking and social-sharing functions, provided that you do not imply endorsement, alter the content or use the Sites and Services in a misleading or unlawful manner.

Prohibited Conduct

You may not misuse the Sites and Services. Prohibited conduct includes attempting to gain unauthorized access to any system or account; interfering with security, availability or performance; introducing malware or harmful code; scraping, harvesting or collecting information through automated means without written permission; reverse engineering or circumventing access controls; impersonating another person; submitting unlawful, infringing, defamatory, threatening, deceptive or harmful material; using the Sites and Services to send spam; violating another person's privacy or intellectual property rights; or using the Sites and Services for an unlawful purpose.

You may not reproduce, rebroadcast, retransmit, distribute, sell, publicly perform, publicly display or commercially exploit audio, video, programming or other content unless Delta Media or the applicable rights holder has given written permission.

Accounts and User Content

If a Site or Service allows you to create an account, you are responsible for providing accurate information, protecting your credentials and all activity conducted through your account. Notify Delta Media promptly if you believe your account has been used without authorization.

If you submit comments, photographs, recordings, messages, contest entries or other material ("User Content"), you retain any ownership rights you have. You grant Delta Media a nonexclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, adapt and otherwise use that User Content as reasonably necessary to operate the applicable feature, administer a promotion, respond to your submission or exercise rights described in additional terms you accepted.

You represent that you have the rights and permissions necessary to submit the User Content and that its use as described will not violate any law or third-party right. Delta Media may remove or restrict User Content at its discretion, but is not obligated to monitor all submissions.

Promotions

Contests, sweepstakes, giveaways and similar promotions are governed by separate official rules. Those rules may identify a participating Delta Media station, sponsor or promotional partner and may include specific eligibility, entry, prize, publicity and dispute provisions. If these Terms conflict with the official rules for a promotion, the official rules control for that promotion.

Entries generated by automated means, fraud, manipulation or conduct that undermines the fair operation of a promotion may be disqualified as permitted by the applicable official rules and law.

Streaming and Broadcast Content

Audio and video streams may be delayed, interrupted, unavailable in certain locations or changed because of licensing restrictions, programming decisions, network conditions, emergencies, maintenance or third-party requirements. Program schedules, talent, feeds and availability may change without notice.

Streaming access is provided for individual use. Recording, rebroadcasting, retransmitting or distributing a stream without authorization is prohibited. Content supplied by networks, leagues, syndicators, artists and other rights holders remains subject to their rights and restrictions.

Third-Party Services and Links

The Sites and Services may contain links, embeds, players, plug-ins or other features provided by social networks, streaming providers, analytics providers, advertising partners, payment providers, sponsors and other third parties. Delta Media does not own or control those third-party services, and their terms and privacy practices may apply to your use of them.

A link, advertisement, mention or integration does not necessarily mean that Delta Media endorses the third party or its products or services. Delta Media is not responsible for the availability, security, accuracy, content or practices of third-party services. You use them at your own risk.

Advertising and Sponsorships

The Sites and Services may display advertising, sponsored content, promotional offers and links supplied by advertisers, sponsors or advertising technology providers. Transactions or communications between you and an advertiser or sponsor are solely between you and that third party unless Delta Media expressly states otherwise.

Delta Media is not responsible for a third party's products, services, claims, availability, pricing, delivery or performance.

Email, Notifications and Other Communications

If you provide contact information or subscribe to communications, Delta Media may send messages consistent with the choices you make, the purpose for which you supplied the information and applicable law. Marketing emails will include a method for opting out of future marketing messages. Transactional, service, security or promotion-administration messages may still be sent when appropriate.

You are responsible for keeping your contact information current. Message and data rates may apply to text messages or mobile notifications. You may adjust notification settings through your device, application or the instructions provided with the communication.

Intellectual Property

The Sites and Services, including their text, graphics, photographs, audio, video, software, design, station names, call signs, logos, trademarks and compilation, are owned by or licensed to Delta Media and are protected by intellectual property and other laws. All rights not expressly granted in these Terms are reserved.

Third-party names, logos, programs and other materials remain the property of their respective owners. You may not use Delta Media's or a third party's branding in a way that suggests sponsorship, endorsement or affiliation without permission.

Copyright and Other Rights Complaints

If you believe content on a Site or Service infringes your copyright or another legal right, send a written notice identifying the work or right involved, the material at issue, its location, your contact information and a statement explaining the basis of your claim. Notices may be sent using the contact information in Section 22. Delta Media may request additional information needed to evaluate the notice.

Accuracy, Availability and Maintenance

Delta Media strives to provide useful and timely information, but content may contain technical, factual, typographical, scheduling, statistical or other errors. News, weather, sports information, contests, programming details, advertisements and other content may change or become outdated.

Delta Media may modify, suspend, maintain or discontinue all or part of a Site or Service at any time. The Sites and Services may be unavailable because of routine or urgent maintenance, equipment failure, internet or power outages, third-party services, emergencies or events outside Delta Media's reasonable control.

Privacy

Delta Media's collection, use and disclosure of personal information are described in the Privacy Policy posted on the applicable Site or Service. That Privacy Policy is incorporated into these Terms by reference. Review it before submitting personal information.

Because third-party services may collect information under their own policies, you should also review the privacy notices of any third party you choose to use. These Terms do not replace a privacy policy or any privacy notice required for a particular feature or promotion.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. DELTA MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY AND SECURITY.

DELTA MEDIA DOES NOT WARRANT THAT THE SITES AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT OR RESULTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELTA MEDIA AND ITS AFFILIATES, STATIONS, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO THE SITES AND SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELTA MEDIA'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SITES AND SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID DELTA MEDIA, IF ANY, FOR THE SPECIFIC ONLINE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT OR ONE HUNDRED U.S. DOLLARS. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY PROVIDE RIGHTS THAT CANNOT BE LIMITED.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Delta Media and its affiliates, stations, officers, directors, employees, agents, licensors and service providers from claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising from your unlawful misuse of the Sites and Services, your User Content, your violation of these Terms or your violation of another person's rights. Delta Media may control the defense of a covered claim, and you agree to cooperate reasonably.

Suspension and Termination

Delta Media may restrict, suspend or terminate access to a Site, Service, feature or account when reasonably necessary to protect users, enforce these Terms, comply with law, respond to security or operational concerns or discontinue a feature. Where appropriate, Delta Media may provide notice, but it is not obligated to do so when immediate action is reasonably necessary.

Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, indemnification and dispute provisions.

Changes to These Terms

Delta Media may update these Terms from time to time. The revised Terms will be posted with an updated "Last updated" date. Changes apply prospectively when posted or on a later date stated in the notice. Your continued use of the Sites and Services after the revised Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by law.

Governing Law and General Provisions

These Terms are governed by the laws of the State of Louisiana, without regard to conflict-of-law principles. Unless applicable law requires otherwise, any dispute arising from or related to these Terms or the Sites and Services must be brought in the state or federal courts with jurisdiction in Lafayette Parish, Louisiana, and you consent to their personal jurisdiction and venue.

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect. Delta Media's failure to enforce a provision is not a waiver. These Terms and any applicable additional terms constitute the entire agreement between you and Delta Media concerning the Sites and Services and supersede prior agreements on that subject.

Contact Information

Questions, notices and rights complaints concerning these Terms may be directed to: