Terms of Use

AGREEMENT BETWEEN USER AND WXVA The WXVA Web Site is comprised of various Web pages operated by WXVA. The WXVA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WXVA Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE WXVA reserves the right to change the terms, conditions, and notices under which the WXVA Web Site is offered, including but not limited to the charges associated with the use of the WXVA Web Site. Your continued use of the WXVA Web Site following the posting of any changes to these Terms of Use constitutes your acceptance of such changes.

LINKS TO THIRD PARTY SITES The WXVA Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of WXVA and WXVA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WXVA is not responsible for webcasting or any other form of transmission received from any Linked Site. WXVA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WXVA of the site or any association with its operators.

LINKS TO THE WXVA SITE Generally, WXVA does not mind if you have a text link from your web site to the WXVA Web Site. However, you may not frame or “mirror” the WXVA Web Site or incorporate pieces of it into a different web site or product. Links to the WXVA Web Site must clearly identify WXVA as the source of information displayed and preserve the integrity of WXVA web pages without alteration. Further, you may not link to the WXVA Web Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.

NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the WXVA Web Site, you warrant to WXVA that you will not use the WXVA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the WXVA Web Site in any manner which could damage, disable, overburden, or impair the WXVA Web Site or interfere with any other party’s use and enjoyment of the WXVA Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WXVA Web Sites.

USE OF COMMUNICATION SERVICES The WXVA Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: * Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. * Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. * Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents. * Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. * Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. * Conduct or forward surveys, contests, pyramid schemes or chain letters. * Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. * Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. * Restrict or inhibit any other user from using and enjoying the Communication Services. * Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. * Harvest or otherwise collect information about others, including e-mail addresses, without their consent. * Violate any applicable laws or regulations. WXVA has no obligation to monitor the Communication Services. However, WXVA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WXVA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. WXVA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, with or without notice, in WXVA’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WXVA does not control or endorse the content, messages or information found in any Communication Service and, therefore, WXVA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WXVA spokespersons, and their views do not necessarily reflect those of WXVA. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MARKETING VIA MOBILE DEVICES If you register for WXVA wireless and mobile services, you acknowledge, understand and agree that you will be charged by your wireless carrier for all messages sent to you from WXVA. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will WXVA, its parent companies or any of its affiliates be responsible for any wireless email or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. You understand, acknowledge and agree that WXVA may, at its sole discretion and without liability to you, terminate its offer of any specific wireless service or all wireless services at any time without advance notice. WXVA may provide notice of terminations or changes in services on this website.

MATERIALS PROVIDED TO WXVA OR POSTED AT ANY WXVA WEB SITE WXVA does not claim ownership of the materials you provide to WXVA (including feedback and suggestions) or post, upload, input or submit to any WXVA Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WXVA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. WXVA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WXVA’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Submissions subject to Creative Commons licensing are acceptable, provided that they include the required Creative Commons marks or textual notices, and are transmitted conforming to the Creative Commons license.

LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WXVA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WXVA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WXVA WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WXVA WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WXVA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WXVA WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WXVA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WXVA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WXVA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WXVA WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WXVA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WXVA WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WXVA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WXVA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WXVA WEB SITE. SERVICE CONTACT : webmaster@WXVA.com

TERMINATION/ACCESS RESTRICTION WXVA reserves the right, in its sole discretion, to terminate your access to the WXVA Web Site and the related services or any portion thereof at any time, without notice.

PROPRIETARY RIGHTS: You acknowledge and agree that the content and materials available on the WXVA Web Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. You acknowledge and agree that the unauthorized use of the contents and materials on the WXVA Web Site could cause irreparable harm to WXVA and that in the event of such unauthorized use, WXVA shall be entitled to an injunction in addition to any other remedies available at law or in equity. Documents available on the WXVA Web Site may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made, and the document is copied entirely. However, some documents, photos, and other content may have been published on the WXVA Web Site with the permission of the relevant copyright owners (who are not WXVA). All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.”

TRADEMARKS The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied and is accessible on the WXVA Web Site in a way that constitutes copyright infringement, please provide the following information to WXVA: • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • a description of the copyrighted work that you claim has been infringed; • a description of where the material that you claim is infringing is located on the Site; • your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send such notice to the following Designated Agent: WXVA Attn: General Counsel Winchester Radio Broadcasters, LLC 161 Files Chapel Rd. Winchester, VA 22603 copyrights@WXVA.com Counter-Notice If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to WXVA: • Your electronic or physical signature; • A description of the content that has been removed or to which access has been disabled; • A description of where the allegedly infringing material is located on the website; • Your address, telephone number, and email address; • A statement by you that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and • A statement by you made, under the penalty of perjury, that the above information in your counter-notice is accurate and that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to post and use the content in your user submission. Please send such notice to the following Designated Agent: WXVA Attn: General Counsel Winchester Radio Broadcasters, LLC 161 Files Chapel Rd. Winchester, VA 22603 copyrights@WXVA.com If a counter-notice is received by WXVA, WXVA may send a copy of the counter-notice to the original complaining party informing that person that it may restore the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, the removed content may be restored, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of WXVA.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Richmond, Virginia, U.S.A. in all disputes arising out of or relating to the use of the WXVA Web Site. Use of the WXVA Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WXVA as a result of this agreement or use of the WXVA Web Site. WXVA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WXVA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WXVA Web Site or information provided to or gathered by WXVA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WXVA with respect to the WXVA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WXVA with respect to the WXVA Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.