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PRIVACY STATEMENT
This statement informs you of Incendiary's
practices with respect to the online collection, use, and disclosure of
personal information from this Incendiary Website. Personal information is
information that allows us to contact you (such as email address, home
address, or telephone number) or other information that, when linked to
your name or contact information, allows us to personalize your visit to
our site by providing you with information that suits your interests.
Incendiary is the owner of this website
and retains all ownership rights to the information collected at this
site. Incendiary reserves the right to change, modify, add, or remove
provisions of this Privacy Statement. Any changes to this Privacy
Statement will be posted here, and we encourage you to check back from
time to time.
Personalization
Although you may use many features of this site without completing a
registration or sign-up form, visitors who do register and/or sign up for
special services may have access to additional features of the site and
are more likely to receive information suited to their interests. For
example, a registered user is eligible for additional services provided by
this website such as listener clubs and personalized content. Our
registration and special services sign-up forms may ask you for contact
information (like name or email address) and demographic information (like
zip code or age). You must provide the information in order to receive the
benefits of registration or of the special service.
We may use the contact information you
give us to better tailor your website experience to your interests, to
request your opinions with respect to media and entertainment, and to send
you information about Incendiary and its services as well as promotional
material on behalf of some of our partners. We may use information that
you provide to us to inform you of content on the web, radio and other
methods of content delivery, in which you may be interested and to provide
or display the content according to your preferences. We will also share
this information within the Incendiary family in order to enhance your
experiences with Incendiary.
In addition, we may share this
information with advertisers or other third parties that are not part of
the Incendiary family on an aggregate or other basis that does not
disclose your identity or contact information.
Online Surveys/Contests
From time to time, we may conduct online surveys and contests. These ask
you for contact information (like name or email address) and demographic
information (like zip code or age). We may use this contact information
from our surveys and contests to provide you with information about our
company and promotional material on behalf of some of our partners, and to
contact you when necessary.
Supplemental Information
To enhance Incendiary's ability to tailor this site to your preferences,
we may combine information that you provide us on registration and other
online sign-up forms with other information about you that we may obtain.
We do not share that information with any other party.
Shopping/Commercial Services
This Incendiary site may offer shopping services, which may be offered by
us or by a firm that operates a store under contract with us. If our site
offers shopping or other commercial services, you will use a customer
order form to request information, products, and services. The order form
will ask you to give us contact information (like name or email address),
financial information (like account or credit card numbers), and
demographic information (like zip code or age).
We will use the financial information that you provide to bill you for
products and services. By giving our site your credit card and related
personal information, you are authorizing our store to give that
information to the merchant and credit card company in order to confirm
and fulfill your order.
We will use contact information from the order form to fulfill your
orders. We may also use contact data to get in touch with you when
necessary. We will not otherwise use or distribute your financial
information without your prior approval.
Public Forums
This site may make available chat rooms, forums, message boards, and
news groups. Please remember that any information that you disclose in
these areas becomes public information and you should exercise caution
when deciding to disclose your personal information.
Information Sharing With Third Parties
From time to time we may enter into a special relationship with another
company that is not owned by Incendiary to provide additional features at
this site. These special relationships may include “powered by”
partners, business partners, sponsors, and co-branded sites (referred to
here as “co-branded pages”). These might include, for example, pages
that share our name and that of another entity, such as TicketMaster. You
should look for a specific privacy statement on any such co-branded page.
Any personal information that you provide when signing up at one of those
co-branded pages may be shared with our third party partner. You should
also check our partner’s website for information regarding its privacy
policies.
Also, the nature of some features of our site may require that we share
personal information about you with persons or companies outside of the
Incendiary family. For example, this may occur at a feature that enables
you, via our site, to ask questions of persons or entities that are not
part of the Incendiary family. By responding to those features of the
site, whether by email or direct entry of information on our Website, you
are consenting to our transferring that information to such persons or
entities.
With respect to specific registration modules, like contests, we may
disclose personal information collected, and we will post a conspicuous
statement on the registration module to the effect that we will be
disclosing the information collected with third parties
Finally, we may share any of the information collected from you with these
other non-Incendiary companies in an aggregate basis. The aggregated
information is not linked to any information that can identify you.
IP Address and Log Files
We may use your IP address to administer our Website, to help diagnose
problems with our server, to analyze trends, to track users’ webpage
movements, to help identify you and your shopping cart, and to gather
broad demographic information for aggregate use.
Cookies
This Incendiary site may use a
standard technology called a “cookie” to collect information about how
you use the site. Cookies reside on your computer and help our website to
recognize your computer's browser as a previous visitor. This information
allows us to customize delivery of information. For example, our site may
use cookies to save and remember registration information or preferences
that you may have set while browsing the site, to keep track of your
shopping cart, to ensure you don't see the same ad content repeatedly, to
deliver content specific to your interests, and to save your password so
you don't have to re-enter it each time you visit our site. We use cookies
only to gather information as indicated in this policy.
In addition, on occasion our site may also
set a “session cookie” which helps us administer the site. The session
cookie expires when you close your browser and does not retain any
information about you after it expires.
Finally, we may also use an ad network
provider to help present advertisements on this and other Incendiary Web
sites. This ad network provider, like other advertising service vendors,
uses cookies, web beacons, or similar technologies on the hard drive of
your computer to serve you advertisements tailored to interests you have
shown by browsing on this and other sites you have visited, and to
determine whether you have seen a particular advertisement before and to
avoid sending you duplicate advertisements. In doing so, the provider
collects non-personal data such as your browser type, your operating
system, Web pages visited, time of visits, content viewed, ads viewed, and
other clickstream data. The use of cookies, web beacons, or similar
technologies by these ad network providers is subject to their own privacy
policies, not ours. If you do not want the benefits of these advertising
cookies, you may opt-out. However, if you do so you may not receive
the full benefit from the use of our site.
Banner Advertising
We license ad-server software from another company to place banner
advertising on our sites. All of the data provided and generated by the
ad-server software remains in our possession and no data is transferred to
the licensor of the software. This feature of our site may, on occasion,
set “cookies” on your computer. Any information collected or stored by
the ad-service or the cookies is treated in the same manner as other
information as described in this statement.
Children’s Personal Information
Consistent with the Children’s Online
Privacy Protection Act:
- This site does NOT collect, use, or
disclose personal information (including online contact information)
of children under the age of 13.
- In the event that a child under the
age of 13 attempts to register on our site, we will NOT accept the
registration and will delete information received from the child.
- In the event that a child posts
personal information in a public forum such as a chat room, we will
attempt to delete that information once we become aware of it.
Your Choices
This Incendiary site provides you the opportunity to opt-out of receiving
email communications from us and our special relationship partners. To
opt-out of receiving email communications, you may:
• Send an email: dc@radioawesome.com
(subject: Remove)
(Please note that this email should only be used for specific technical
issues related to the website such as un-subscribing from a database.
The recipients of these emails will not be able, in general, to answer
concerns regarding on-air programming, promotions or other non-web related
issues.)
Access to Personal Information
Incendiary gives you the
opportunity to modify or remove personal information that you have
provided to us. You may do so by modifying your password-protected
registered user information on our website.
Security of Your Personal Information
Incendiary employs reasonable security measures consistent with standard
industry practice, for information collected through this website. We
believe that we have adequate security measures in place in our physical
facilities to protect against the loss, misuse, or alteration of the
information we collect on our website. We also use internal protections to
limit access to users' personal information to only those employees who
need the information to perform a specific job.
Sale or Merger
If this site is sold to, or merges with, another company not owned by
Incendiary, you should expect that some or all of the information
collected from this website may be transferred to the buyer/surviving
company. If so, Incendiary will seek to obligate the acquiring company to
use any personal information transferred by this site in a manner
consistent with this statement, but cannot guarantee that it will be able
to impose that requirement or that the acquiring company will comply.
Legal Process
You should be aware that Incendiary may be required to disclose your
personal information to the government or third parties under certain
circumstances, such as in court or regulatory proceedings.
Contacting the Website
If you have any questions about this privacy statement, the practices of
this site, or your dealings with this website, you can contact Incendiary
Radio Digital Support. The recipients of these emails will not be
able, in general, to answer concerns regarding on-air programming,
promotions or other non-web related issues.
Leased Content
Neither Standard & Poor nor
any third-party licensor shall have any liability for the accuracy or
completeness of this service or any component thereof or for delays,
unauthenticity, omissions, or other defects therein nor for any claims or
losses arising therefrom or occasioned thereby, including, without
limitation, any lost profits, indirect, special, or consequential damages.
Either Standard & Poor or third party licensors have exclusive
proprietary rights from the information received via the service.
Customer, end-user, or visitor, as applicable, shall not use or permit
anyone to use the information provided through the service for any
unlawful or unauthorized purpose. Customer, end-user, or visitor, as
applicable, is not authorized or permitted to furnish such information to
any person or firm for reuse or retransmission without prior written
approval of the source of such information. Provision of the information
on the service is subject to termination in the event that any agreement
between a third party licensor and a provider of information distributed
through the service is terminated in accordance with its terms. Third
party licensor and its subsidiaries, affiliates, information providers and
content partners shall have no liability for investment decisions based on
the information provided hereby.
General Information
This Agreement and the Additional Terms shall be governed by, construed
and enforced in accordance with the laws of the State of Texas, as it is
applied to agreements entered into and to be performed entirely within
such state, without regard to conflict of law principles. You agree that
any cause of action you or Incendiary brings to enforce this Agreement
and/or the Additional Terms, or in connection with any matters related to
this Incendiary Website and/or the Privacy Statement, shall be brought
only in either the state or Federal courts located in San Antonio , Texas
. You agree to submit to the personal jurisdiction of the courts of the
State of Texas for any cause of action arising out of this Agreement. You
agree to file any cause of action with respect to this Agreement within
one year after the cause of action arises. You agree that a cause of
action filed after this date is barred.
If any provision of this Agreement, or
the application thereof to any person or circumstances, is held invalid or
for any reason, unenforceable including, but not limited to, the warranty
disclaimers and liability limitations, then such provision shall be deemed
superseded by a valid, enforceable provision that matches, as closely as
possible, the original provision, and the other provisions of this
Agreement shall remain in full force and effect. The failure of either
party to insist upon strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Unless
expressly provided otherwise, this Agreement is the entire agreement
between you and Incendiary with respect to the use of this Incendiary
Website and shall not be modified except in writing, signed by an
authorized representative of Incendiary.
If you have any questions concerning this
Agreement, you may send them by email to dc@radioawesome.com.
You must send any official correspondence via postal mail to:
Legal Department
ATTN: Broadcast Websites Terms of Use
Incendiary Communications, Inc.
PO Box 163
Worthington, Ohio 43085
European Union and Other Foreign
Nations
This Incendiary website is governed by and operated in accordance with the
laws of United States of America and is intended for enjoyment of
residents of the United States. Incendiary makes no representation that
this website is governed by or operated in accordance with the laws of
other nations. By using this site and submitting any personal information,
visitors from outside of the United States acknowledge the this site is
subject to U.S. law, consent to the transfer of personal data to the U.S.,
and waive any claims that may arise under their own national laws.
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