Tropical Winds Broadcasting Systems and its affiliates ("TWB") have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website: www.radiofreedaytona.com. This privacy policy applies only to information collected by or through this website. It does not apply to information obtained by other means.
Information Collection and Use This website makes use of browser "cookies". Cookies are files written to a user's hard disk and read by the server programs to inform a website if the user has previously visited that site. We use cookies to deliver content specific to your interests, to save your password so you don't have to re-enter it each time you visit our site, and for other purposes. We often use outside ad companies to display ads on our site. These ads may contain cookies. While we use cookies in other parts of our website, cookies received with ads are not being collected by us and we do not have access to this information. Cookies can be rejected by you and if so none of the functions listed above will be performed.
Are you an E-mail Subscriber? If you would like to unsubscribe from an e-mail newsletter or alert click here. If you have e-mail subscription questions, try our FAQ page.
**Note: Do not use any of the e-mail addresses on this page to unsubscribe. The respondents are not able to process those requests. We collect information from website visitors who must register for certain services on-line, from users who agree to participate in on-line surveys, from users who wish to make certain on-line information requests from us and from users who wish to participate in on-line contests and promotions sponsored by us. Because participation in these activities is completely voluntary, the user has a choice whether or not to disclose this information. The type of information so requested or collected by us includes user contact information (like their name and email address) and user demographic information (like gender or age). Contact information will be used to notify contest winners and award prizes and, in some instances may be shared with the contest or survey sponsor. Anonymous survey information will be used for purposes of reporting survey results and monitoring or improving the use and satisfaction of this site. Users' personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users' personally identifiable information for any secondary purposes. The visitor's contact information will be used to contact the visitor when the visitor has expressed interest in being contacted (visitors can opt-out of receiving future mailings by complying with the choice/output requirements noted below). The user demographic information so collected will be used by us to tailor our visitor's experience at our site, showing them content that we think they might be interested in, and displaying content according to their preferences. If a user elects to use our referral service for informing a friend about our site or to send an e-card through our site, we ask them for the friend's name and email address. TWB will automatically send the friend a one-time email inviting them to visit the site or sending an e-card, as the case may be. TWB stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact webmaster@radiofreedaytona.com to request the removal of this information from our database. We use your IP address to help diagnose problems with our server, and to administer our website. We track and record IP addresses that access our site for reporting and profiling purposes only. We also gather anonymous browsing habits of our visitors to better identify content preferences. We also may use cookies to allow third parties to better serve advertisements to you outside of this website on websites operated by Tropical Winds Production. and other websites. User demographic information is shared with advertisers on an aggregate basis in a manner which will not personally identify the individual submitting such information. We may also share personally identifiable user information with governmental authorities when legally required to do so, and to cooperate with such authorities investigating claims of illegal activity such as (but not limited to) illegal transfer of copyrighted material, or user website postings or email messages that contain threats of violence. We may also disclose personally identifiable information in other cases where we have reason to believe that disclosure is necessary to enforce compliance with our Terms of Use. Other than these specific exceptions noted, we do not sell, rent or provide access to any data collected about or from our users.
Third Party Advertising The ads appearing on this Web site are delivered to you by DoubleClick, our Web advertising partner. Information about your visits to this site, such as number of times you have viewed an ad (but not your name, address, or other personal in-formation), is used to serve ads to you. For more information about DoubleClick, cookies, and how to "opt-out", please click here.
Third Party Cookies In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.
Linking and Framing This site contains links to other sites. This site is not responsible for the privacy practices or the content of such websites. Occasionally when linking to another site, you may still see our site's logo or frame. This is to provide you with a seamless experience when visiting our website. In these cases you are no longer on radiofreedaytona.com and are now on a different website whose information collection practices may differ from ours. The privacy policy of the site you are on will govern how information collected from you is used.
Third Party Cookies In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.
Linking and Framing This site contains links to other sites. This site is not responsible for the privacy practices or the content of such websites. Occasionally when linking to another site, you may still see our site's logo or frame. This is to provide you with a seamless experience when visiting our website. In these cases you are no longer on wesh.com and are now on a different website whose information collection practices may differ from ours. The privacy policy of the site you are on will govern how information collected from you is used.
Public Forums This site at some or all times makes chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. TWB cannot accept any responsibility for ensuring the privacy of information that you choose to disclose in these areas.
Security This site has reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. Please remember that no computer system should be considered safe from intrusion. Email may pass through many computer systems, and should not be considered as a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method. Employees are made aware of security policies and changes via email reminders monthly. Access is limited to a very small number of employees with a defined need and is password protected. In order to provide the best possible security we review our Web security policies every 180 days.
Children and Privacy This site is generally not targeted to children. If we learn that we have received personally identifiable information from a child under the age of 13, we will take steps to delete such information or to obtain verifiable parental consent.
Supplemental Information This site may supplement the information that you provide with information that is received from third parties. This information may be received from our partners in sponsored content sections. The type of information that is shared could include user contact information (like name and email address) and user demographic information (like zip code, age or income level). This site will use such information in accordance with this privacy policy. However, when you leave the wesh.com website the privacy statement of the other site will apply to use of information by that site. (See "Linking and Framing" above).
Choice/Opt-Out Our site provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor. You will notice in all free email subscriptions generated from this website there is an unsubscribe link at the bottom of the message. Simply click on this link to go to a page that allows you to unsubscribe from any or all of the lists you are subscribed to. In addition to using the unsubscribe page, you can send an email to webmaster@radiofreedaytona.com Correct/Update If you desire to change or modify information previously provided you may either email webmaster@radiofreedaytona.com or send a letter to the address below.
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:
Radio Free Daytona Tropical Winds Production PO Box 1503 Ormond Beach, Florida 32175-1503
Changes to This Policy We may make changes to this policy from time to time. We will post changes to this policy here, so be sure to check back periodically. We will generally use information in accordance with the privacy policy under which the information was collected. If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify our users via email or by posting a notice on the site for 30 days.
Last Revised 06/19/2008
2008 TERMS OF USE Welcome to Radio Free Daytona and their affiliates"Tropical Winds Broadcasting" and related companies (collectively "TWB"), operate the Radio Free Daytona Web site (the "Web Site") to provide news data and information, related features and services (the "Service"). The terms and conditions set forth herein (the "Terms of Use") constitute a legally binding agreement between TWB and you regarding the terms on which TWB offers you access to its Service. Your Use of the Service and this Web Site is Governed by These Terms of Use Please take a few minutes to review the Terms of Use. By accessing and using this Web Site, you agree to be bound by each of the Terms of Use and all applicable laws and regulations governing the Web Site. If you do not agree with any of the Terms of Use, you are not authorized to access or use this Web Site for any purpose. These Terms of Use May Change Without Prior Notice TWB reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Web Site. The last date these Terms of Use were revised is set forth below. Notices of Restrictions on Your Use The Service, the Web Site and all data and information and/or content that you see, hear or otherwise experience on the Web Site (the "Content") belongs to TWB, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws, and belong to IBS, its partners, affiliates, contributors or third parties. Content provided by Radio Free Daytona is used on the Web Site with the permission of Radio Free Daytona . Content provided by the Associated Press and other third parties is used on the Web Site with the permission of the Associated Press or such third parties. Restrictions on Use You may use the Web Site, the Service and the Content solely for your personal, non-commercial use. You may download, print and store selected portions of the Content, provided that you only use these copies of the Content for your own personal, non-commercial use; do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a Web site; and do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading. TWB reserves complete title and full intellectual property rights in any Content you copy or download from this Web site. You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the Web Site or the Service, except as expressly permitted by these Terms of Use. Moreover, you may not use any of the marks appearing throughout this Web Site without express written consent from the trademark owner, except as permitted by applicable law. Specific Restrictions on Use of Radio Free Daytona Material Content provided by the Radio Free Daytona, including information, data, text, photographs, graphics, audio and/or video material, shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, and may not be stored in a computer except for personal and non-commercial use. Radio Free Daytona will not be liable for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising there from. Disclaimer of Warranties YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE AND THE SERVICE. TWB MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE OR THE SERVICE. TWB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE, THE SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IBS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE, THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE OR THE SERVICE. TWB DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE OR THE SERVICE WILL BE CORRECTED. TWB DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEB SITE OR THE SERVICE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, THE SERVICE AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Specific Disclaimer For Downloading of Files TWB cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Web Site or the Service, the accuracy of any information or content provided through the Web Site or the Service, or quality of any file used in conjunction with the Web Site or the Service is solely and exclusively with you the user. Specific Disclaimer for International Use TWB makes no representation that information content provided on the Web Site is applicable or appropriate for use in locations outside the United States. Portions or versions of the Web Site that have been translated into any language other than English are provided for the convenience of the user only. TWB makes no representation or warranty that the translations are complete and accurate and TWB, by providing some content in a language other than English, undertakes no obligation to provide translations of all or any portion of the Web Site in any language except as determined by TWB. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct. Limitation of Liability IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TWB BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN, ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR THE SERVICE, OR ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVICE, EVEN IF TWB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TWB'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. Indemnification You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless TWB, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of the Web Site or the Service or your use of the Content, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site or Service through your user account. Personal Information and Privacy Policy TWB may monitor, record, collect and use for any lawful purpose information generated through your use of the Web Site or the Service. The collected information is subject to our Privacy Statement. Your obligations under these Terms of Use are in no way conditioned on TWB complying with the terms of our Privacy Statement. Click here to see TWB' Privacy Statement. User Conduct You agree not to take any action that interferes with the proper working of the Web Site; imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; might compromise the security of the Web Site; render the Web Site or the Service inaccessible to others; or otherwise cause damage to the Web Site or any Content contained on the Web Site. You agree not to add to, subtract from, or otherwise modify the Content on the Web Site except as expressly authorized by TWB in these Terms of Use or by a written agreement between you and TWB. On some parts of the Web Site, you can post messages or express your comments on a given topic, or start a new topic to which others can respond. You agree not to upload, distribute, post or otherwise publish through the Web Site or the Service: any information, data, text, software, photographs, graphics, messages, or other material ("Material") that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party; any libelous, defamatory, obscene, threatening, advertising, pornographic, abusive, or otherwise illegal Material; any Material that you do not have the right to transmit under law or under contractual or fiduciary relationships; any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or any Material that harms minors in any way. If you post anything on the Web Site, you guarantee to us that you have the legal right to post your material and that it will not violate any law or the rights of any person or entity. By posting Material on the Web Site, you give TWB the royalty-free, irrevocable, perpetual, worldwide right to use, assign, sublicense, distribute, display and create derivative works from this Material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. You also acknowledge and agree that you are solely responsible for the content of any of your messages. Nevertheless, we reserve the right to delete, move, or edit messages in our sole discretion. You agree that any Material that you submit to the Service or the Web Site may be edited, removed, modified, published, transmitted, and/or displayed by TWB, and you waive any and all rights you may have with respect to the alteration, modification, or removal of your Material. By using the Web Site, you understand and agree that TWB is not responsible for the truth, completeness, objectivity or usefulness of any third-party posting, nor does TWB endorse any posting. By viewing third-party postings, you assume the risk of believing or disbelieving any content contained therein. Although TWB has the right to do so, TWB generally does not, and assumes no obligation or duty to, screen, monitor, edit or review any third-party postings. TWB generally has the right to monitor or remove any third-party postings at any time and without notice pursuant to these Terms of Use, our Privacy Statement or our agreements with third parties. From time to time, we receive requests to disclose the identities of users who post messages to the Web Site. If TWB discloses the identity of a user pursuant to the Terms of Use or our Privacy Statement, you understand and agree that we may do so. You also acknowledge that portions of the Web Site contain unedited materials, some of which may be sexually explicit or offensive to you. You access such materials at your own risk. TWB has no control over and accepts no responsibility whatsoever for such materials. General Provisions
Entire Agreement These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by TWB of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Correction of Errors and Inaccuracies The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. No Endorsements of Links Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by TWB of the third party, the third-party Web site, or the information contained therein. You acknowledge and agree that TWB is not responsible for the availability of any such Web sites and that TWB does not endorse or warrant, and is not responsible or liable for any such Web site, or the content on such Web site, or the services offered by such Web site. Under no circumstances will TWB be responsible for any loss or damage resulting from your use of any such Web site or the services offered by such Web site or any content posted on such Web site or transmitted from such Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site. Enforcement TWB will investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the Web Site and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, TWB may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Volusia County and Volusia County, Florida, U.S.A., regarding any and all disputes relating to these Terms of Use, TWB' Privacy Statement, your use of the Web Site, any other TWB web site, the Service, or Content or Material contained therein. Claims of Copyright Infringement In the event that you claim to be the copyright owner of any Content, you agree to immediately notify TWB of any claimed copyright infringement. You further agree to provide TWB's copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512: your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed; identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or 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 us to locate the material; information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf; a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and 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 you, the owner of an exclusive right that is allegedly infringed. TWB 's Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached either by: sending an e-mail request to webmaster@radiofreedaytona.com; or sending a letter via the U.S. Mails to:
Radio Free Daytona PO Box 1503 Ormond Beach, Florida 32175-1503
Severability If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force. General Contact Information If you have any questions about these Terms of Use, the practices of this Web Site, or your dealings with this Web Site, you may contact us by: sending an e-mail request to webmaster@radiofreedaytona.com; or sending a letter via the U.S. Mail to:
Legal Department Radio Free Daytona PO Box 1503 Ormond Beach, Florida 32175-1503