Use of Intellectual Property
The Culhane Communications Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Culhane Communications logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and the laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Culhane Communications or by other parties that have provided rights thereto to Culhane Communications.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Culhane Communications Website, in whole or in part, without the express written permission of Culhane Communications.
Other trademarks, service marks, product names and company names or logos appearing on this Culhane Communications Website that are not owned by Culhane Communications may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Culhane Communications Website, or frame this Culhane Communications Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Culhane Communications Website in an email for commercial purposes, without the express written permission of Culhane Communications.
You may inquire about obtaining permission by writing: H. Newsom
Legal Department
Culhane Communications, Inc.
210 West 3rd
Yankton, SD 57078
By Facsimile: (605)665-8875
By Email: randyhammer@kvht.com
Copyright Infringement
Culhane Communications respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Culhane Communications Website, you are granting permission to have this material posted on this Culhane Communications Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Culhane Communications reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Culhane Communications may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.
Procedure for Making Claim of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
By mail:
Kevin Culhane
Culhane Communications, Inc.
210 West 3rd
Yankton, SD 57078
By Facsimile: (605) 665-8875
By Email: randyhammer@kvht.com
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
A physical or electronic signature of 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 Culhane Communications to locate the material.
Information reasonably sufficient to permit Culhane Communications to contact the complaining party, such as an address, telephone number, and, if available, an email address.
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.
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. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
INTERACTIVE SERVICE ADDITIONAL TERMS
You may participate in the Culhane Communications Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the Culhane Communications Interactive Service.
You agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Culhane Communications Website, or any postings which advocate illegal activity.
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material.
Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Use this Culhane Communications service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Culhane Communications Website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to this Culhane Communications Website, any related website, other accounts, computer system, or networks connected to this Culhane Communications Website, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Culhane Communications Website, including harvesting or otherwise collecting information about others such as email addresses.
- You are solely responsible and liable for postings delivered to the Culhane Communications Website using your account. Any violation of these provisions can subject your Culhane Communications account to immediate termination and, possibly, further legal action.
Culhane Communications does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a Culhane Communications interactive website by you or other users. Culhane Communications is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Culhane Communications reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. Culhane Communications is not responsible or liable for damages of any kind arising from any postings even when Culhane Communications is advised of the possibility of such damages, or from Culhane Communications's alteration or deletion of any posting.
The information and opinions expressed in postings on this Culhane Communications Website are not necessarily those of Culhane Communications or its content providers, advertisers, sponsors, affiliated or related entities, and Culhane Communications makes no representations or warranties regarding that information or those opinions. Culhane Communications does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to the Culhane Communications Website automatically and immediately become the property of Culhane Communications without any obligation of confidentiality. Culhane Communications shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Culhane Communications does not retain exclusive ownership of any posting, then you hereby expressly grant to Culhane Communications a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
PREMIUM SERVICE ADDITIONAL TERMS
You may register for a Culhane Communications Premium Service by reading and agreeing to the Terms of Use Agreement and these Premium Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Premium Service Additional Terms, you may not register for the Culhane Communications Premium Service.
Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
Charges for Premium Service
Culhane Communications will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
Limited to Personal and Non-Commercial Use This premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing:
Culhane Communications, Inc.
210 West 3rd
Yankton, SD 57078
By Facsimile: (605) 665-8875
By Email: randyhammer@kvht.com
Cancellation
You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this site, we will return the unused portion of your membership fee on a 52-week pro-rated basis within ninety (90) days of your cancellation of your membership.
We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
Modification of these Terms of Use
Culhane Communications may from time to time change the terms and conditions governing this premium service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.
Submissions
Unless otherwise stated, we will not review or consider any unsolicited submissions to this premium service. All submissions to this premium service become our property. No submission will be subject to any reimbursement or other payment by us.
Service Contact
You may email your requests for customer service through the contact information provided on the home page of this premium service.
