Terms and Conditions

Thunderbolt Broadcasting Company
Web Site Usage Terms and Conditions

We try to keep our listeners and web site viewers safe when interacting with our radio stations and the stations’ electronic mediums. Read this page entirely to understand and to agree to the interactive terms and conditions. You will also find our official contest rules on this page.

THUNDERBOLT BROADCASTING COMPANY
WCMT-AM / WCMT-FM / WCDZ-FM / WQAK-FM / KYTN-FM

WEB SITE AND MOBILE APPS USAGE TERMS AND CONDITIONS

Revised 6/13/2016

Wherever the words WCMT-AM/WCMT-FM/WCDZ/WQAK/KYTN appear in these rules, they include the business entity, to which the Stations WCMT-AM, WCMT-FM, WCDZ-FM, WQAK-FM and/or KYTN-FM are licensed, and any member companies, parent corporations, and affiliates. Call letters mentioned above belong to parent company Thunderbolt Broadcasting Company (TBC, Thunderbolt Radio, Thunderbolt Broadcasting, Thunderbolt Digital, Thunderbolt Radio and Digital, we), which may also be referenced in this document.

1) Only the domains wcmt.com, kytnradio.com, mix1013.com, star951.com, 1057thequake.com and thunderboltradio.com officially represent the TBC stations’ web sites.

2) Web site usage comes with a “use at your own risk” statement, meaning that anything you read, download, media played, forms submitted through this site, or any other thing you participate in, whether on Facebook or any of the TBC domains, should be used at your own risk. Although we take great lengths to make your visit a safe and enjoyable experience, please use your own judgement when using the sites.

3) When you submit personal information (name, address, phone numbers, date of birth, personally identifiable information, etc.) through forms on our web site, please keep in mind that your information is kept secure and is only used internally. Your information is not sold to anyone. Thunderbolt Broadcasting Company never sells your information. Most information collected on our web sites is used to gauge our visiting and listening audiences across our various music formats (stations) and only used for that purpose. Information collected from a form when playing in an online contest is received, printed and held for that particular contest. Any information you submit for a community calendar submission, or “Events page” submission, is subject to review by the Thunderbolt Digital Programming Department. Thunderbolt reserves the right to accept or reject any community event, or any material that you, the user/listener, desires to place on the air as a public service to the community. As with all public service announcements, we will try our best to engage the listening audience and web audience with your submission of a community event. Thunderbolt Broadcasting and thunderboltradio.com will not be held responsible for any losses of information due to telephone, e-mail or internet connectivity issues. Thunderbolt Broadcasting and Thunderbolt Digital cannot guarantee that any electronic communication and/or electronic submissions made through this web site, Google group or social media will be published and/or broadcast. As a means of safety and spam compliance between Thunderbolt and our web site visitors, all electronic communications submitted through this web site are subject to monitoring by the Thunderbolt Digital Programming Department. All electronic submissions and communications submitted on mailing list, social media and/or public group lists such as Facebook, WCMT Swap Shop Online Mailing List powered by Google, and Twitter, are subject to monitoring by the Thunderbolt Digital Programming Department. All electronic communications are subject to review before being published or broadcast. Thunderbolt Broadcasting verifies information before broadcasting or publishing; information believed to be untrue or inaccurate will be placed on hold for review until said information can be verified by an authoritative source.

4) We are a group of radio stations, therefore, our listeners make up our audience not just over the air but also on the internet. Just as if you were calling in to our contest lines to request a song or to play in a contest, the information you provide to Thunderbolt Broadcasting may be used on-the-air as well as in social networking and media to promote the contest or the contest’s winner (i.e. “John Doe from Fulton, Kentucky won the goody bag in this week’s contest.) When speaking on the topic of social networking, Thunderbolt Broadcasting may choose to “tag” social media participants who win contests (i.e. “Congrats, @JonDoe from Fulton! You’ve correctly answered todays question, and get this week’s Prize Closet Surprise!”) By playing a contest, you agree to the General Contest Rules (scroll down to read the official rules.)

5) When using social media networks such as Facebook or Twitter, your behavior on these public networks falls under the jurisdiction of those sites’ terms and conditions. Thunderbolt Broadcasting Company will not be held responsible for irresponsible behavior on social media networks. Additionally, if a user of social media is publicly abusing, harassing or otherwise disturbing other social network users, we may, at our discretion, request a “ban” for that user on that particular social network.

6) All electronic mediums you come in contact with in regards to Thunderbolt Broadcasting Company or its stations should be used “at your own risk.”

7) In regards to the “WCMT Swap Shop Mailing List” the public may request to gain access to the list in order to buy, sell and trade items across the internet in our local area. Businesses are strictly prohibited from advertising on this private list. Swap Shop Administrators can allow or deny access, at any time, to any user, for any reason. Subscribers of the list may be banned from the list if they violate the list’s terms of service. A subscriber may request to be removed from the list at any time. Subscribers must fill out the sign-up form and accept the rules on this page, the privacy policy on this page, and the rules of the Swap Shop Mailing List rules on the information and sign-up page located at https://www.thunderboltradio.com/swapshop/ . Users have the right to request removal from the Swap Shop Mailing List at any time by calling our business offices at 731-587-9526 between the hours of 8:30am and 4:30pm Monday through Friday. Additionally, users may choose to manually remove themselves from the Swap Shop Mailing List; instructions regarding how to do this are located at the end of any Swap Shop Mailing List e-mail message, or, simply send a blank e-mail to wcmtswapshop+unsubscribe@googlegroups.com .

8) In regards to usage of the “Thunderbolt Radio” mobile apps, on Android or Apple iOS devices, it is understood that the best method of usage for any streaming app is performed over a WiFi connection. Although you may use the app with your mobile data plan, your wireless carrier may charge you fees if your mobile data plan is exceeded because of your use of the app(s) when not on WiFi. iOS users are encouraged to “turn off” the app when not in use (by pressing the PAUSE button at the bottom of the app to stop playback of the audio, exiting the app with the HOME button, double-press the HOME button to bring up the task manager, and kill the Thunderbolt Radio app by sliding the app “upward” releasing it from the iOS task manager). Users of the Thunderbolt Radio Android will find the “EXIT” option in the main menu of the app, located in the top-left corner (where you find other options such as Local News, Local Sports, Pet Patrol, etc.). Android users may also remove the app from their “recently used” apps or “task manager” when not in use, by going to their home screen and loading this area (this varies from Android to Android operating system and method varies among devices). No matter which method you use to connect to our streaming services, the apps and web site streaming services come with the disclaimer of “use at your own risk” and services are provided “as-is.”

9) In regards to capturing your demographic information through contact forms or contest forms, Thunderbolt Broadcasting Company will NOT sell your demographic information to third parties or use your personally identifiable information for any other purpose for what the information is intended when it is requested. Any personally identifiable information you submit through the Thunderbolt Broadcasting web site, or its mobile apps, are used solely for contesting purposes, on-air or digital promotion purposes. For contest forms you submit through the web site, all personally identifiable information will be used solely for the promotion of said contest. For song requests, Pet Patrol or Swap Shop, any personally identifiable information submitted through forms will be promoted over the air and in our audio streams and such information may also be used on our social media instruments. On Contact Us forms, personally identifiable information is only used internally to disseminate your message to the correct department so that your message you submit to staff or a department arrives at the proper destination. For personally identifiable information you submit via the Thunderbolt Radio mobile apps or its online web site streams, the demographic information captured is only stored internally for Thunderbolt Broadcasting listener research purposes and is not sold to any other third party.

10) Warranties and Disclaimers as follows:
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER THUNDERBOLT BROADCASTING COMPANY NOR ITS SUPPLIERS OR ADVERTISERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES ON OUR SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITE, THE SPECIFIC FUNCTIONS OF SAID CONTENT, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE TO YOU “AS IS”. YOUR USAGE OF THE SITE, IT’S MOBILE APPS OR ANY OTHER DOWNLOADS RELATING TO THUNDERBOLT BROADCASTING COMPANY SHOULD BE CONSIDERED “USE AT YOUR OWN RISK” AS THUNDERBOLT BROADCASTING COMPANY CANNOT BE HELD LIABLE FOR LOSSES OR DAMAGE BECAUSE OF THE USE OF OUR SERVICES.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

WHEN PERMITTED BY LAW, THUNDERBOLT BROADCASTING COMPANY WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

IN ALL CASES, THUNDERBOLT BROADCASTING COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

11) About These Terms:

Material on this site is the copyrighted property licensed to Thunderbolt Broadcasting Company. All rights reserved. The information and images presented here may not under any circumstances be reproduced or used unless (a) use is for personal, non-commercial home use; or (b) the materials clearly state that these materials may be copied and reproduced according to the terms stated in those particular pages.

Users may not use language that is viewed as discriminatory, threatening, abusive, vulgar, discourteous or criminal. Users also may not post or transmit information or materials that would violate rights of any third party or which contains a virus or other harmful component.

By communicating with Thunderbolt Broadcasting Company through any of this site’s forms or links, or by signing up for any of this site’s content, users grant Thunderbolt Broadcasting Company permission to contact them via e-mail, or phone, even if the user is on the “Do Not Call” National Registry.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THUNDERBOLT BROADCASTING COMPANY DISCLAIMS ALL WARRANTIES , EXPRESS OR IMPLIED. THUNDERBOLT BROADCASTING COMPANY DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES.

Under no circumstances, including but not limited to negligence, will Thunderbolt Broadcasting Company be liable for special or consequential damages that result from the use or inability to use the materials in this site. In no event shall Thunderbolt Broadcasting Company’s liability to a user for any loss, damage or claim exceed the amount paid by the user for accessing this site.

Thunderbolt Broadcasting Company offers links to various third-party web sites for the convenience of its visitors, and, unless otherwise indicated, no affiliation between Thunderbolt Broadcasting Company and an entity linked to is intended. Except where indicated, Thunderbolt Broadcasting Company does not endorse any company or product or service not offered by Thunderbolt Broadcasting Company including the advertisers on linked Web sites. Thunderbolt Broadcasting Company does not monitor sites linked to and the use of any such link is strictly at the user’s own risk. In no event shall Thunderbolt Broadcasting Company be liable for special or consequential damages that result from activity occurring on non-Thunderbolt Broadcasting Company web sites when a user links to such site from this domain, thunderboltradio.com .

This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of this site and destroying all materials obtained from it.

These Terms and Conditions shall be construed and enforced under the laws of the State of Tennessee, USA, applicable to contracts executed and performed within Tennessee, USA. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State of Tennessee and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of our sites. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that you will not file or participate in a class action against us. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

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