Terms of Use
These Terms of Use (“Terms”) govern your access to and use of WDAY.com (the “Website”), including all content, video, audio, live broadcasts, digital products, and services made available through the Website (collectively, the “Services”).
The Website is owned and operated by Forum Communications Company (“FCC,” “Company,” “we,” “our,” or “us”).
By accessing or using the Website or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Website.
Eligibility
You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you meet this requirement.
Use of the Website
The Website is provided for personal, non-commercial use. You may not reproduce, distribute, republish, broadcast, or otherwise use any content without prior written consent from the Company or applicable rights holder.
You agree not to use the Website in any way that could damage, disrupt, or interfere with its operation or other users.
Editorial Content Disclaimer
The Company strives for accuracy in its reporting; however:
- Content may contain errors or omissions
- Information may be updated, corrected, or changed at any time without notice
The Company does not guarantee the accuracy, completeness, or timeliness of any content.
Video, Broadcast, and Streaming Content
The Website may provide live or recorded video, audio, and broadcast content. Availability, quality, and access may vary and are not guaranteed.
The Company is not responsible for interruptions, delays, or technical issues related to streaming or broadcast services.
Advertising and Sponsored Content
The Website may include:
- advertisements
- sponsored content
- branded or paid promotional materials
Such content may be identified as sponsored or advertising where required. The Company does not endorse or guarantee any products or services advertised.
User-Generated Content and Submissions
If you submit or post content (including comments, photos, or videos):
- You grant the Company a non-exclusive, royalty-free, perpetual license to use, reproduce, publish, and distribute such content
- You represent that you have the right to submit such content
The Company reserves the right, but is not obligated, to monitor, edit, or remove user content at its sole discretion.
The Company is not responsible for user-generated content.
Contests, Promotions, and Submissions
The Website may offer contests or promotions. Participation may be subject to additional rules and eligibility requirements.
Third-Party Links
The Website may contain links to third-party websites. The Company does not control or endorse such sites and is not responsible for their content or practices.
Intellectual Property
All content, including text, graphics, video, logos, and materials, is the property of the Company or its licensors and is protected by intellectual property laws.
Unauthorized use is strictly prohibited.
Subscriptions and Access
Certain content or Services may require a subscription or registration. The Company reserves the right to modify, restrict, or discontinue access at any time.
All payments are subject to applicable terms and are generally nonrefundable unless required by law.
Communications
By providing your contact information, you consent to receive communications from the Company, including newsletters, alerts, and promotional messages. You may opt out at any time.
Changes to Terms
The Company reserves the right to update these Terms at any time. Continued use of the Website constitutes acceptance of such changes.
Termination
The Company may suspend or terminate your access to the Website or Services at any time, with or without notice.
Disclaimer of Warranties
The Website and Services are provided “as is,” “as available,” and “with all faults,” without warranties of any kind, express or implied.
The Company disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
The Company does not guarantee that the Website will be error-free, secure, or uninterrupted.
Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or profits.
In no event shall the Company’s total liability exceed the amount paid by you to the Company in the twelve (12) months preceding the claim.
Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, employees, contractors, and licensors from any claims arising out of:
- your use of the Website
- your violation of these Terms
- any content you submit
User Responsibilities
You agree to use the Website in compliance with all applicable laws and not to infringe upon the rights of others.
Governing Law and Venue
These Terms shall be governed by the laws of the State of North Dakota. Any disputes shall be resolved in the state or federal courts located in Cass County, North Dakota.
You waive any objection to the venue and any right to a jury trial to the maximum extent permitted by law.
Miscellaneous
These Terms constitute the entire agreement regarding your use of the Website.
If any provision is found invalid, the remaining provisions shall remain in effect.
The Company may assign its rights without restriction. You may not assign your rights without prior written consent.
Failure to enforce any provision shall not constitute a waiver.