Terms and Conditions
Terms and Conditions
Last updated: April 28, 2023
Please read these terms and conditions carefully before using Our Service.
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Welcome to the WLOO website and digital channels, owned and operated by 2 Rivers Communications, LLC. These Terms of Use (“TOU”) govern your use of our services and any content made available through them. By accessing, browsing, or using any of our services, you agree to be bound by the following Terms of Use. Please read them carefully before proceeding.
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Acceptance of Terms
By accessing, using, or participating in any of our services, you agree to be bound by these Terms of Use. If you do not agree to these terms, you should not access or use our services.
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Modification of Terms
We reserve the right to modify, add, or remove any portion of these Terms of Use at any time. Your continued use of our services after any changes to these Terms of Use constitutes your acceptance of the modified terms.
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Content
All content on our website and digital channels, including but not limited to text, graphics, images, videos, and audio, is the property of 2 Rivers Communications, LLC or its licensors and is protected by United States and international copyright laws. You may not reproduce, modify, distribute, transmit, or otherwise use any of our content without our prior written consent.
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User Conduct
You agree not to use our services for any unlawful purpose or in any way that may damage, disable, overburden, or impair our website or digital channels. You also agree not to use our services to transmit any material that is unlawful, defamatory, obscene, or offensive.
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Minors
Children under the age of 16 are prohibited from participating in activities that require registration and the collection of Personal Information. Parents and legal guardians may register for the activity on behalf of their child, under the parent or legal guardian’s own name and Personal Information. Persons between the ages of 16 and 18 years may not participate in most activities on this Service, unless designated otherwise. The parents or legal guardians of minor children shall be solely responsible for (a) the online content and activities of such minor; (b) monitoring such minor’s access to and use of the Services; and (c) the consequences of any use of the Services by such minor. Any false or fraudulent registration or entry from any person will disqualify the person from the receipt of any contest or sweepstakes prize or other benefit.
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Privacy
a. User Information
We collect personal information from you when you register on our website, subscribe to our newsletter, or fill out a form. We may use this information to improve our services, personalize your experience, or send you marketing communications. We may also share your information with third-party service providers to assist us in providing and improving our services.
b. California Privacy Rights
If you are a California resident, you have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at
[_________@email]
c. European Union General Data Protection Regulation (GDPR)
If you are a resident of the European Union, the GDPR grants you certain rights in relation to your personal information, including the right to access, correct, or delete your personal information. To make such a request, please contact us at [_________@email]
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User Generated Content
Any content you upload, submit, or otherwise make available to WLOO or our services, including without limitation comments, messages, reviews, photographs, and videos (collectively, “User Content”), will be treated as non-confidential and non-proprietary. By submitting User Content, you grant WLOO and 2 Rivers Communications, LLC a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, copy, distribute, display, publish, and modify your User Content in any way we see fit, without any further consent, notice, or compensation to you.
You represent and warrant that you have all necessary rights to submit User Content to WLOO and our services, and that your User Content does not infringe or violate the rights of any third party, including without limitation copyright, trademark, privacy, or publicity rights. You agree to indemnify, defend, and hold harmless WLOO and 2 Rivers Communications, LLC, our affiliates, directors, officers, employees, agents, and licensors from any and all claims, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising from or in any way related to your User Content, including without limitation any claims of infringement or violation of third party rights.
We reserve the right to remove any User Content from our services at any time, for any reason or no reason, without notice to you. We are not responsible for any User Content posted or submitted by users of our services. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. You understand that when using our services, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.
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Indemnification
You agree to indemnify, defend, and hold harmless 2 Rivers Communications, LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in connection with your use of our services, your content, or your violation of these Terms of Use.
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Warranty Disclaimer
OUR SERVICES, INCLUDING OUR TV BROADCASTS AND WEBSITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTY REGARDING ANY GOODS, SERVICES, PROMOTIONS, OR DEALS OFFERED OR PROVIDED BY THIRD-PARTY BUSINESSES, ADVERTISERS, OR SPONSORS. ANY SUCH GOODS, SERVICES, PROMOTIONS, OR DEALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DO NOT WARRANT THAT ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR SERVICES.
WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ANY THIRD-PARTY BUSINESSES, ADVERTISERS, OR SPONSORS. WE ARE NOT RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY SUCH THIRD-PARTIES.
WE RESERVE THE RIGHT TO DELETE, SUSPEND, TERMINATE OR ALTER THE CONTENT OF THESE SERVICES OR THE SERVICES THEMSELVES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WE WILL NOT BE LIABLE IN ANY WAY FOR ANY POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY 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. OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN THE EVENT THAT YOU INCUR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ANY CLAIMED DAMAGES ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR ANY OTHER EQUITABLE RELIEF.
YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF OUR SERVICES IS AT YOUR SOLE RISK. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE.
WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WE DO NOT WARRANT THAT OUR SERVICES COMPLY WITH ANY LAWS, RULES, OR REGULATIONS OUTSIDE OF THE UNITED STATES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF OUR SERVICES COMPLIES WITH APPLICABLE LAWS, RULES, AND REGULATIONS.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE AVAILABLE IN ALL GEOGRAPHIC LOCATIONS. ACCESS TO OUR SERVICES MAY NOT BE LEGAL IN CERTAIN JURISDICTIONS. IF YOU ACCESS OUR SERVICES FROM SUCH JURISDICTIONS, YOU DO SO AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.
WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY, PROPRIETARY OR PRIVACY RIGHTS; (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES, OR ANY PART THEREOF; (D) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES; AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS, OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE USE OF OUR SERVICES IS AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OR ACCESSING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THIS MEANS THAT SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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Choice of Law and Forum
This TOU shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding Mississippi’s conflict of law rules. You expressly agree to submit to the exclusive jurisdiction and venue of the state and federal courts in Hinds County, Jackson, Mississippi in all disputes arising out of or relating to the use of our Services.
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Severability and Integration
This TOU constitutes the entire agreement by and among you, 2 Rivers Communications, LLC and WLOO and governs your use of these Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic). If any portion of this TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
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No Waiver
Our failure to exercise or enforce any provision of this TOU or respond to a breach by you or other parties shall not in any way waive our right to exercise or enforce subsequently any terms or conditions of this TOU or to act with respect to similar breaches.
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No Professional Advice
Any information supplied by any employee or agent of 2 Rivers Communications, LLC or WLOO, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute a waiver or modification of any of the terms in this TOU, or any legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in their applicable jurisdictions.
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Termination
2 Rivers Communications, LLC reserves the right, in its sole discretion, to terminate your membership or account, and/or disable your access to all or part of our Services, for any reason or no reason, with or without notice. Sections 3, 8 - 20 of this TOU will survive termination, whether you voluntarily close your account or cancel your membership or whether we terminate your membership, account and/or disable access to our Services for any reason.
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Miscellaneous
(a) You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this TOU or your use of the Services.
(b) If we are required by state or federal law to notify you regarding changes to this TOU or for other events, you hereby acknowledge and agree that such notices will be effective upon our posting the required information on designated Services or by delivery to you via email, if you have provided accurate contact information. You further acknowledge and agree that if you have not provided accurate contact information, we are not responsible for failure to notify you.
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Mobile Services
By subscribing to any mobile services, email lists, informational alerts, or similar subscriptions provided by WLOO and 2 Rivers Communications, LLC you certify that you are over 13 years of age or have parental consent, are the account holder or have the account holder’s permission, and agree to receive ongoing SMS messages from WLOO and 2 Rivers Communications, LLC. Service may be available on select carriers. In addition to any entry, submission, donation or other fee of which you are notified, your carrier’s message and data rates may apply. No purchase is necessary. WLOO and 2 Rivers Communications, LLC will not be liable for any delays in the receipt of any SMS messages, email, or other digital delivery as delivery is subject to effective transmission from your network operator. SMS messages, email, or other digital deliveries are provided on an as is basis. Data obtained from you in connection with SMS, email or other digital delivery service may include your cell phone number, carrier’s name, and date, time and content of message.