COPYRIGHT & TRADEMARK NOTICE
The WHKY 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, WHKY’s logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by WHKY or by other parties that have provided rights thereto to WHKY.
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 website, in whole or in part, without the express written permission of WHKY or the Intellectual Property’s owner.
Other trademarks, service marks, product names and company names or logos appearing on this website that are not owned by WHKY may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this website, or frame this website, or any webpage or material herein, nor may any entity include a link to any aspect of this website in an email for commercial purposes, without the express written permission of WHKY.
Further, unless otherwise expressly permitted, you agree not to link to the Intellectual Property so as to cause you or anyone else to access the Intellectual Property other than through this website.
You may inquire about obtaining permission by contacting:
WHKY Webmaster
PO Box 1059
Hickory, NC 28603-1059
Fax: 828-485-5559
WHKYMail@whky.com
Policy relating to the Digital Millennium Copyright Act of 1998
Pursuant to the Digital Millennium Copyright Act of 1998, we have adopted a policy pursuant to which parties can file complaints with us regarding allegations of copyright infringement by material placed on our website by third parties. For a summary of the Act go to http://www.copyright.gov/legislation/dmca.pdf. Our policy also includes guidelines under which such material will be removed from our website or access to such material blocked from our website. In addition, the policy provides for the ability of the party who placed the material to file a response to complaints, as well as for the termination of repeat offenders.
A description of the policy is set forth below.
Copyright Infringement Notification
If you would like to file a copyright infringement notification with us, you must send a written communication to us that includes the following items:
1. The signature (either physical or electronic) of a person authorized to act on behalf of the owner of the copyrighted work claimed to have been infringed.
2. 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 on that site.
3. 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 the service provider to locate the material (such as the URL where the material is located. ).
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail.
5. 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. You should be aware that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability pursuant to Section 512)f) of the Digital Millennium Copyright Act
6. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your written notification should be sent to our designated agent as follows:
WHKY Webmaster
PO Box 1059
Hickory, NC 28603-1059
Fax: 828-485-5559
WHKYMail@whky.com
Upon receipt of your copyright infringement notification, we will advise the party who placed the allegedly infringing material on our site of the notification. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material infringing will be liable for any resulting damages. Accordingly, if you are not sure whether material on our website infringes your copyrights, we suggest that you first contact an attorney.
Counter-Notification
Upon receipt of a copyright infringement notification, we will promptly advise the party who has placed the material which is the subject of the notification of this fact and that their material has been removed from the site or access to the material has been blocked. A party who has placed material on our website about which a copyright infringement notification has been filed has the right to file a counter-notification with us in accordance with Section 512(g) of the Digital Millennium Copyright Act.
If you would like to file a copyright infringement notification with us, you must send a written communication to us that includes the following items:
i The signature (either physical or electronic) of a person authorized to act on behalf of the party which placed the material.
ii. Your full name, address, telephone number, and email address, and the username of your account on our website (when applicable).
iii The identity of the specific URLs of material that our website has removed or to which our website has disabled access.
iv. A statement consenting to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Hunt Valley, Maryland if your address is outside of the United States), and that you will accept service of process from the person who provided us with the copyright infringement notification or their agent.
v. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Your written notification should be sent to our designated agent as follows:
WHKY Webmaster
PO Box 1059
Hickory, NC 28603-1059
Fax: 828-485-5559
WHKYMail@whky.com
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification will be liable for any resulting damages. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Upon receipt of your counter-notification, we will forward a copy of it to the party who submitted the original notification alleging copyright infringement. Please note that by submitting a counter-notification, you consent to having your personal information revealed to the party who filed the original notification. If the party who filed the original copyright infringement notification notifies us within ten (10) days of our receipt of your counter-notification that he or she has filed an action seeking a court order against you with respect to the subject matter of the copyright infringement notification, we are not permitted to restore the material to our website. If we do not receive such notice, we may reinstate the material.