Terms of Use

Updated November 14, 2013

Introduction; Consent to Terms

Please read these Terms of Use before using KUOW.org, KUOW's mobile sites and applications, any other KUOW sites, applications or services, or any features of these sites, applications and services, including, but not limited to, the KUOW Donation Form, Content Feeds, Podcasts, the KUOW Media Player, KUOW social networking features, forums and discussions (collectively, the "KUOW Services"). By using the KUOW Services, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the KUOW Services and do not use the KUOW Services or any of their features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the KUOW Services. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the KUOW Services following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing other web sites, applications and services that may link to or from the KUOW Services.

Copyrights

The contents of the KUOW Services are protected by U.S. and international copyright laws. The contents of the KUOW Services are owned by or licensed to KUOW or other producers or providers of programs or content to KUOW ("Content Providers"). In the case of User Materials (as defined in the "User Materials" section below), the contents are licensed to KUOW by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the KUOW Services without the prior written consent of KUOW, except as provided below. All rights not expressly granted in these Terms of Use are reserved to KUOW.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests KUOW promotes or endorses your, or any third party's, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the KUOW Services that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.

No quotes from any material on the KUOW Services may be used in any media without attribution to KUOW.

You may use the Content Feeds, Podcasts, KUOW Media Player, and other features of the KUOW Services only as expressly permitted in the relevant paragraphs below in these Terms of Use. Any other use of KUOW content requires prior written permission from KUOW. For permission requests, contact

Jenna Montgomery
Director, Digital Services
KUOW Public Radio
4518 University Way NE, #310
Seattle, WA 98105
Phone: 206-221-2749
Fax: 206-543-2720
Email: jennam@kuow.org

Trademarks

KUOW, KUOW program names, member station names, logos and program names, and Content Provider names, logos and program names, are service marks of KUOW or the Content Providers. All rights are reserved by the respective owners. You may not use any KUOW-provided service marks, logos or graphics, without KUOW's prior written consent, except that you shall have the right, and obligation, to use any KUOW or other Content Provider service mark or logo included in, or required to be used in connection with, Content Feeds, KUOW's Media Player, or other functionalities of the KUOW Services, subject to the requirements set forth in these Terms of Use for the use of Content Feeds, KUOW Media Player, or other functionalities of the KUOW Services.

User Materials

Through social networking features, forums and discussions in the KUOW Services, through the Contact Us page, and through other features of the KUOW Services, users may post, upload, transmit and/or otherwise submit ("Submit") comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the KUOW Services ("User Materials"). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by KUOW staff and on the KUOW Services by the general public. You acknowledge that the KUOW Services, the KUOW social networking features, forums and discussions, and other features of the KUOW Services, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the KUOW Services. However, by submitting User Materials on or through the KUOW Services, you hereby grant KUOW  and other Content Providers, and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the KUOW Services, third party licensee web sites, applications and services, over the air (on radio or television), and other applications and services, without payment and without further consent or notice to you. You further grant KUOW, its member stations, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the KUOW Services and other Content Providers' web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the KUOW Services and other Content Providers' web sites, applications and services, to use your User Materials pursuant to these Terms of Use and the terms of use of other Content Providers’ web sites, and as permitted by the functionality of the KUOW Services (such as through widgets and NPR API Content distribution).

For any User Materials you Submit on or through the KUOW Services, you agree to abide by the "Rules of Use for the Service" set forth below, (for User Materials Submitted through social networking features, forums or discussions, or in response to a KUOW Post), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.

Framing

KUOW does not allow framing of the KUOW Services.

Links to the KUOW Services

KUOW encourages and permits links to content on the KUOW Services. However, KUOW is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, the linking should not (a) suggest that KUOW promotes or endorses any third party's causes, ideas, web sites, products or services, or (b) use KUOW content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third Party Sites and Services

The KUOW Services contain links to Internet sites, applications and services maintained by third parties, over which KUOW has no control. KUOW does not endorse the content, operators, products or services of such sites, and KUOW is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. KUOW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

In some cases, the KUOW Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.

The KUOW Services may include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to KUOW, and that your use of the third party services is subject to the terms and policies of those services.

Content Feeds

KUOW provides Really Simple Syndication (RSS) Feeds and provides or may provide other content feeds on or through the KUOW Services, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the "Content Feeds"). The Content Feeds are available for personal, noncommercial use or for noncommercial use on the web site, weblog or similar application of a nonprofit corporation which is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and which is not a news, broadcast or multimedia organization ("501(c)(3) Nonprofit Corporation"). You may display, excerpt from, and link to the Content Feeds on your personal web site, blog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation web site, weblog, or similar application for noncommercial purposes, provided that (a) the links redirect the user to the KUOW Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable KUOW Services page, (c) the use or display does not suggest that KUOW promotes or endorses any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3) Nonprofit Corporation web site, weblog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to KUOW or the relevant Content Provider adjacent to the Content Feed, by including "KUOW News Headlines" or "KUOW" or the name of the relevant Content Provider in text adjacent to the Content Feed. Any other use of KUOW's trademarks or service marks, the names or service marks of any Content Provider, or of the Content Feeds requires the prior written permission of KUOW. For permission requests, please see contact in Copyrights section of these Terms of Use. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use.

KUOW may withdraw Content Feeds at any time. Upon the request of KUOW, you shall promptly cease all use of, and remove from your web site(s) or other platforms, any Content Feeds identified by KUOW.

Podcasts

KUOW provides podcasts (the "Podcasts") consisting of selected audio content that is provided using an XML feed and associated audio file so that the audio file may be downloaded and played from a user's computer, mobile device or other portable listening device. Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a mobile or portable listening device the Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to Podcasts from your web site, blog or similar application, as long as (a) the links redirect the user to the KUOW Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable portion of the KUOW Services, (c) the linking does not suggest that KUOW promotes or endorses any third party's causes, ideas, web sites, products or services, (d) you do not use KUOW content for inappropriate commercial purposes, and (e) you provide attribution to KUOW adjacent to the link.

KUOW Mobile Services; High Data Usage Warning; Motor Vehicle Usage

KUOW does not charge you for the use of its mobile sites, applications and services or any features of these sites, applications and services ("KUOW Mobile Services"). Please check your wireless plan, however, because your carrier's per-minute, text messaging, and data or other charges may apply. You acknowledge that streaming media can result in high data usage and may lead to excess data charges. You consent to your downloading and use of the KUOW Mobile Services notwithstanding the potentially high data usage. You must provide at your own expense the equipment and connections needed for you to use the KUOW Mobile Services, and you agree that you are solely responsible for any costs you incur to access the KUOW Mobile Services, including any excess data charges. You should keep in mind that the use of the KUOW Mobile Services to send content to another person via e-mail or SMS (Short Message Service) or text message may result in wireless charges to both the sender and the receiver. You agree to obey all laws related to operation of the motor vehicle during use of the KUOW Mobile Services.

Rules for Use of the Service

By using the KUOW Services, including by registering for the KUOW Services, participating in KUOW social networking features, forums and discussions, Submitting User Materials through the KUOW Services, the Contact Us page or other means, using Content Feeds, or Podcasts, or by using any other features of the KUOW Services, you agree to the following rules:

1.  Children:

a. If under the age of 18: Some Internet sites may ask you to share information about yourself. Before sending any information about yourself over the Internet to KUOW Services, be sure to ask your parents for permission.

b. If under the age of 13: If you are under the age of 13, your parent/legal guardian will need to verify that they permit you to disclose personally identifiable information via KUOW Services.

2. Parents/Legal Guardians: KUOW encourages you take an active role in your children’s use of the Internet by talking with them about safe and responsible computing before sending any information about themselves over the Internet.

a. Children under the age of 13: If your child is under the age of 13, KUOW requests that you review the website and follow requested verification procedures before permitting your child to submit personally identifiable information.

3. You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

4. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.

5. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize KUOW, KUOW member stations, and users of the KUOW Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.

6. The KUOW Services can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the KUOW Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

7. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the KUOW Services to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the KUOW Services.

8. You may not interfere with or disrupt the integrity or performance of the KUOW Services, any portion or contents thereof, or related systems or networks, or use the KUOW Services in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to the KUOW Services or related systems or networks.

9. By submitting any User Materials on or through the KUOW Services, you hereby grant KUOW and other Content Providers, their licensees, and users of these web sites, applications and services (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the "User Materials" section.

10. You are solely responsible for any User Materials submitted using your account. KUOW does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the KUOW Services. However, KUOW has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the (for User Materials Submitted through social networking features, forums or discussions), or these Terms of Use, or for any other reason, as determined in KUOW's sole discretion.

11. KUOW is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the KUOW Services. KUOW cannot verify the accuracy of statements that users make or place on or through the KUOW Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, the (for User Materials Submitted through social networking features, forums or discussions), or these Terms of Use.

12. By using the KUOW Services, you agree to abide by these rules. You acknowledge that KUOW has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the (for User Materials Submitted through social networking features, forums or discussions), or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that KUOW has the right to limit or terminate your, or any other person's, access to or registration in the KUOW Services for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.

13. You agree to comply with the Community Discussion Rules, as they may be updated from time to time by KUOW.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the KUOW Services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the KUOW Services that may be necessary for their use as contemplated by the KUOW Services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the KUOW Services and these Terms of Use, (d) the User Materials, and their use by KUOW, KUOW member stations, their licensees, and users of the KUOW Services and KUOW member station web sites, applications and services (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, the (for User Materials Submitted through social networking features, forums or discussions ), or these Terms of Use, and (e) your use of the KUOW Services complies with these Terms of Use. You agree that you will indemnify and hold harmless KUOW and Content Providers and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the KUOW Services, (3) the User Materials you have Submitted on or through the KUOW Services, or (4) KUOW's publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by KUOW licensees and users.

DISCLAIMER

THE KUOW SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE KUOW SERVICES ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KUOW DOES NOT WARRANT THAT THE KUOW SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES KUOW MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE KUOW SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE KUOW SERVICES OR THROUGH LINKS ON THE KUOW SERVICES. USE OF THE KUOW SERVICES IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE KUOW SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE KUOW SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE KUOW SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT WILL KUOW, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE KUOW SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE KUOW SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL KUOW, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change KUOW Services

KUOW reserves the right to change, terminate or suspend the KUOW Services, any features of the KUOW Services (including, but not limited to, Content Feeds, Podcasts, and the KUOW Media Player), and any content or materials contained in the KUOW Services, in any way, at any time and for any reason or no reason. KUOW also has the right to require you to cease accessing any features, content or materials of the KUOW Services.

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

KUOW is a service of the University of Washington. Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2), University of Washington has a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact University of Washington DMCA Registered Agent at email address uwdmca@u.washington.edu. For more information, please visit the University of Washington DMCA website (http://www.washington.edu/itconnect/policy/dmca.html). To file a notice of infringement with University, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the United States Copyright Office website, located at http://www.copyright.gov.

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the KUOW Services, please see contact in Copyrights section of these Terms of Use.

International Users

The KUOW Services are controlled and operated within the United States. KUOW makes no representation that content, materials or products available on or through the KUOW Services are appropriate or available for use outside of the United States. If you access the KUOW Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Attributions & Third Party Notices

Certain third party content made available through the KUOW Services may be subject to other terms. Where applicable, the following provisions may apply:

Associated Press ("AP"). For terms applicable specifically to AP content made available in the KUOW Services, see the AP.

Miscellaneous

These Terms of Use, together with the Privacy Policy and Community Discussion Rules , represent the entire understanding of the parties regarding the use of the KUOW Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the KUOW Services. These Terms of Use are separate and distinct from the terms of use governing the web sites, applications and services of KUOW's member stations, and the web sites, applications and services that may link to or from the KUOW Services. These Terms of Use shall be governed by and construed under state of Washington law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the KUOW Services shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in King County, Washington. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect. Any claim or cause of action arising out of or related to the KUOW Services or these Terms of Use must be filed within one year after such claim or cause of action arose.

Questions

If you have any questions about the terms of use, please see contact in Copyrights section of these Terms of Use.