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| About
90.3 WCPN: Terms of Use |
Welcome to our website. 90.3 WCPN ideastream (hereinafter referred to as "ideastream," or "We") maintains this website as a service to our customers. By using this website, you are agreeing that you have read and understood the Terms of Use and agree to comply with and be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this website, to the use of the Internet, and to the activities involved in using this website. Please review the following terms carefully.
Compliance with Law
This website is owned by 90.3 WCPN ideastream. Visitors who choose to visit this website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules and regulations, federal, state, local or foreign, applicable to the use of this website and information, content, material and services contained herein.
Venue and Jurisdiction
Claims relating to this website, to the use of this website, and to the information, content, material and services available through this website are governed by the laws of the United States and the State of Ohio as applicable. You hereby unconditionally, voluntarily and irrevocably consent to submit to the exclusive jurisdiction of the United States District Courts in Ohio and the Courts of the State of Ohio in any claim or dispute concerning, relating to, or arising from this website and any information received through this website. You agree not to plead forum nun conveniens in any such action and you consent to service of process.
Visitor On-line Conduct
You agree to use this website only for lawful purposes.
You agree to use this website only for its intended purposes.
90.3 WCPN ideastream reserves the right to prohibit any conduct involving this website that it deems to be inappropriate.
You agree not to disrupt this website.
You agree not to interfere with or compromise the security of this website, or any computer, server, account, network, data, software and/or hardware associated with this website.
You agree not to disrupt or interfere with any other visitor's use of this website.
You agree not to attempt to obtain access to any portion of this website, any computer, server,
account, network, software and/or hardware associated with the website, from which you are restricted.
You agree that you are solely responsible for any actions you undertake while visiting this website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this website and the Internet, including United States copyright and export regulations.
You warrant that all information that you provide to gain access to the services provided by this website is accurate and truthful.
Copyright, Trademark and Intellectual Property
All information, content and material ("Content") comprising or made available by 90.3 WCPN ideastream through this website (including, without limitation, any computer source or object code comprising this website) is owned by or licensed to 90.3 WCPN ideastream. 90.3 WCPN ideastream and its licensors retain all rights in this Content.
All Content, including, but not limited to, the website design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by 90.3 WCPN ideastream and its licensors. The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, sold or otherwise transferred, conveyed or used in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner.
90.3 WCPN ideastream grants you permission to display, copy, distribute, print and/or download the Content on this website for your personal, non-commercial use only. Except as expressly authorized by the Company, if you display, copy, distribute, print and/or download the Content on this website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content.
The permission granted herein terminates automatically if you breach these Terms of Use. Upon termination of the permission, you must immediately and permanently delete and destroy any Content you displayed, copied, distributed, printed and/or downloaded.
90.3 WCPN ideastream, 90.3 WCPN, ideastream, The All-Day Brain Food, The Sound of Ideas, and www.wcpn.org are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of 90.3 WCPN ideastream and may not be used, copied or imitated without the prior written consent of 90.3 WCPN ideastream.
90.3 WCPN ideastream intellectual property may not be used in connection with any service or information that is not 90.3 WCPN ideastream's. 90.3 WCPN ideastream's intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages 90.3 WCPN ideastream. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.
The compilation of the Content on this website is the exclusive property of 90.3 WCPN ideastream and is protected by U.S. and International copyright law.
You may not mirror any Content contained in this website or any other website or server.
Podcasting Terms of Use
90.3 WCPN provides podcasts consisting of selected audio content from 90.3 WCPN and other content providers, available at www.wcpn.org/podcast/ that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. 90.3 WCPN Podcasts are protected by U.S. and international copyright laws. All rights in and to the 90.3 WCPN Podcasts are reserved to 90.3 WCPN or the content provider. 90.3 WCPN Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a portable listening device the 90.3 WCPN Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to 90.3 WCPN Podcasts from your web site, weblog or similar application, as long as the linking does not (a) suggest that 90.3 WCPN promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use 90.3 WCPN content for inappropriate commercial purposes. 90.3 WCPN reserves the right to discontinue providing 90.3 WCPN Podcasts and to require that you cease accessing or using the 90.3 WCPN Podcasts, or any content contained in the 90.3 WCPN Podcasts, at any time for any reason.
Associated Press Copyright Statement
The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing this Web site or digital service, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time.
Digital Millennium Copyright Act, Transmission of Third Party Content
You may not copy, print, download, upload, post or otherwise distribute on this website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such copying, printing, downloading, uploading, posting or distribution on the web. Anything for which permission has been granted to copy, print, download, upload, post or otherwise distribute must contain the notice "Copyright 90.3 WCPN ideastream, used by express permission."
The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.
90.3 WCPN ideastream, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
90.3 WCPN ideastream, pursuant to the Digital Millennium Copyright Act, designates Kathryn P. Jensen, Chief Operating Officer, 90.3 WCPN & WVIZ/PBS ideastream, to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on 90.3 WCPN ideastream's website in a way that constitutes infringement, you may notify 90.3 WCPN ideastream by providing Kathryn P. Jensen the following information:
- 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, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on 90.3 WCPN ideastream's website where the material that you claim is infringing is located;
- Your address, telephone number and e-mail 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;
- 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 are authorized to act on the copyright owner's behalf.
Kathryn P. Jensen can be reached via e-mail at comments@wcpn.org, through our online e-mail form at www.wcpn.org/talk/index.aspx, or by regular mail:
Kathryn P. Jensen, Chief Operating Officer
90.3 WCPN & WVIZ/PBS ideastream
Idea Center
1375 Euclid Avenue
Cleveland, Ohio 44115
You are prohibited from copying, downloading, uploading, posting or otherwise distributing on this website any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for 90.3 WCPN ideastream, its affiliates, employees, agents or any such similarly situated persons or entities.
Ownership of Third Party Content
90.3 WCPN ideastream may display Content supplied by visitors and other third parties on its website. 90.3 WCPN ideastream contains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content. 90.3 WCPN IDEASTREAM, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES. WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
We shall not, under any circumstances, be liable for any loss, damage or harm caused by your or anyone else's reliance on Content available on this website that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Content available on this website.
Editing, Deleting and Modification
We reserve the right in our sole discretion to change, suspend or discontinue any feature, aspect, product or service available through this website at any time. 90.3 WCPN ideastream may alter the availability of any feature of this website or service related to any feature of this website at any time. 90.3 WCPN ideastream may add, remove or modify any content of this website, including that of third parties, at any time. Indemnification
You agree to indemnify, defend and hold 90.3 WCPN ideastream and its partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any damages, liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of these Terms of Use as a result of your providing inaccurate or untruthful information to gain access to the services provided through this website.
Nontransferable
Your right to use the website is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Disclaimer
THIS WEBSITE IS PROVIDED "AS IS," AND "AS AVAILABLE." 90.3 WCPN IDEASTREAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT INFORMATION AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.
YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS WEBSITE AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR FREE.
WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.
90.3 WCPN IDEASTREAM DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OR MERCHANTABILITY.
Limitation of Liability
90.3 WCPN IDEASTREAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE.
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, RESULTING FROM ACTS INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, 90.3 WCPN IDEASTREAM'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF 90.3 WCPN IDEASTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, 90.3 WCPN IDEASTREAM'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
Use of Information
We reserve the right, and you grant authorization, to the use and assign all of your personal information provided by you in the manner consistent with our Privacy Policy. To know what privacy measures 90.3 WCPN ideastream has taken and what information we retain from your visit to 90.3 WCPN ideastream's website, please read our website Privacy Policy, which is incorporated herein by reference.
Change of Terms
By using this website, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. If you do not agree to these Terms of Use, DO NOT use our website. Links to Other Websites
The website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by 90.3 WCPN ideastream. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party sites, you do so at your own risk.
Hold Harmless
You agree to indemnify, defend and hold 90.3 WCPN ideastream harmless for any damages, losses, costs, or expenses that 90.3 WCPN ideastream may incur as a result of your use of this website or your use of the Content, information and/or services available through this website.
Severability
If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use. Survivability
All representations and warranties made by 90.3 WCPN ideastream shall survive termination of these Terms of Use. Headings of the Terms of Use
The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes. Integration Clause
These Terms of Use constitute the entire and only agreement between you and 90.3 WCPN ideastream and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the Content, products or services provided by or through the website, and the subject matter hereof. No Waiver
90.3 WCPN ideastream's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Acceptance
I understand that by using 90.3 WCPN ideastream's website, I am subject to the terms and conditions set forth herein. Notwithstanding the foregoing, I accept and agree to be bound by all such terms and conditions.
YES ~ NO
Date of last update: March 29, 2006 |