Acceptance of Terms
PLEASE READ THESE TERMS AND CONDITIONS (“Terms and Conditions”) CAREFULLY BEFORE ACCESSING OR USING WAMU’S (“WAMU”) WEB SITES INCLUDING BUT NOT LIMITED TO WAMU.ORG, THEKOJONNAMDISHOW.ORG, THE DIANEREHMSHOW.ORG (herein referred to as “website” or “websites”). By accessing or using the website you accept and agree to be bound, without limitation or qualification, by these Terms and Conditions. If you do not accept any of the Terms and Conditions, please do not use the website. WAMU may, in its sole discretion, modify or revise the Terms and Conditions at any time by updating this Web page. You are bound by any such modification and should therefore visit this page periodically to review the Terms and Conditions.
You may use the website only in a lawful manner and for lawful purposes and consistent with these Terms and Conditions. You are solely responsible for the knowledge and adherence to any and all laws, rules, and regulations pertaining to your use of the website. In addition, your use of the website subjects you to WAMU’s Terms of Service which are available at http://wamu.org/terms_of_use and are hereby incorporated by reference into these Terms and Conditions. You agree that you will not: (i) use the website to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; (iii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (iv) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (v) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) upload, post, e-mail, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (vi) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the websites; (vii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; (viii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (ix) upload, post, email, or otherwise transmit any unsolicited commercial advertising, non-WAMU related promotional materials, or other forms of inappropriate solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (x) interfere with or disrupt the websites or servers or networks connected to AU websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the websites; (xi) post or transmit information or material that contains virus, or other harmful content, or collect or store personal data about other users; (xii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.
You agree not to use the site for unauthorized sale, trade or other commercial purposes.
By submitting any content that you upload or otherwise make available (“User Content”) on to the websites, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to WAMU and its affiliates a non-exclusive, perpetual, worldwide license to edit, broadcast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the User Content you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party.
You acknowledge that WAMU does not pre-screen User Content, but that WAMU shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available on the websites. Without limiting the foregoing, WAMU has the right to remove any User Content that violates the Terms and Conditions or is otherwise objectionable. You agree and acknowledge that WAMU may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, respond to claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of WAMU, its users and the public.
Your submissions are deemed non-confidential and WAMU has no obligation to maintain the confidentiality of any information.
You represent and warrant to WAMU that you have the full legal right, power and authority to grant to WAMU the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.
You are solely responsible for anything contained in your submissions, message board and/or chat sessions. WAMU does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. You may be held legally liable for the contents of your submissions, message board and chat sessions, and may be held legally liable if your submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.
Web site user submissions to the website do not represent the views of WAMU, American University, or any individual associated with WAMU, American University, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, WAMU's endorsement of user submissions. WAMU does not vouch for the accuracy or credibility of any content submitted by you on the website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on the website. Through your use of the website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using this website, you assume all associated risks.
Intellectual Property Statement
All WAMU trademarks, service marks, and trade names are proprietary to American University. All materials posted by WAMU including audio, text, photographs, videos, and graphics, (hereinafter “Content”) contained on this site are protected by United States and international copyright law. The Content includes content owned or controlled by WAMU and content owned or controlled by third parties and licensed to WAMU. Unless expressly authorized by these Terms and Conditions, you must obtain prior written permission from WAMU before using Content.
You may view and download a single copy of the Content on the website solely for your personal and non-commercial use, except for certain Third Party Content which may be subjected to additional specific terms and conditions noted in these terms or conditions or noted on the website. You may not sell or modify the Content or reproduce, display, distribute, or otherwise use the Content in any way for any public or commercial purpose without the express written permission of WAMU. All requests for uses beyond personal and non-commercial use should be referred to firstname.lastname@example.org
Intellectual Property Statement of Third Party Content
The following provision applies to all visitors to this website (including, without limitation, persons, representatives of legal entities, and digital engines of any kind, including, without limitation, ones that crawl, index, scrape, copy, store, or transmit digital content): By accessing this website, you specifically acknowledge and agree that (i) Associated Press text, photo, graphic, audio, and/or video material (collectively, "AP Material") shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) No AP Material nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in the AP Material or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby; (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and 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 Material or any portion thereof at any time.
Limitation of Liability
IN NO EVENT SHALL WAMU, AMERICAN UNIVERSITY, ITS SUBSIDIARIES, ITS PARTNERS, OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WAMU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST WAMU, AMERICAN UNIVERSTIY, AND THE MEMBER STATIONS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WAMU WEB SITE OR THE USER CONTENT YOU PROVIDED. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, WAMU FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WAMU WEB SITE, THE USER CONTENT YOU PROVIDED, OR FAILURE TO ABIDE BY APPLICABLE LAW.
Links to Third Party Sites
WAMU websites may contain hyperlinks to websites operated by parties other than WAMU. Such hyperlinks are provided for your reference only. WAMU does not control such web sites and is not responsible for their contents. WAMU's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such websites or any association with their operators.
These Terms and Conditions will be governed by and construed in accordance with the laws of the District of Columbia. You consent to the exclusive jurisdiction and venue of the courts of the District of Columbia, United States in case of any dispute connected with this site or the Terms and Conditions. If any of these Terms and Conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and WAMU relating to the subject matter it contains. This agreement may be modified at any time by WAMU by our posting of changes to the Terms and Conditions.