KUSP's Terms of Use
Introduction; Consent to Terms
Please read these Terms of Use before using KUSP.org or any features of this site, including, but not limited to, KUSP media archives and KUSP Podcasts (collectively, the "KUSP Web Sites" or the "Service"). By using the Service, you agree to be bound by these terms of use. If you do not agree to these terms of use, please exit the Service. 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 on the KUSP Web Sites. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Service following the posting of updated terms of use will mean that you agree to those changes.
Copyrights
The contents of KUSP Web Sites are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on the KUSP Web Sites without the prior written consent of KUSP, except as provided below. You may copy and print written content, and you may download KUSP Podcast content, for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. Any other use of the contents of KUSP Web Sites requires prior written permission from KUSP. For permission requests or information regarding the purchase of transcripts or tapes/CDs, contact KUSP.
Trademarks
KUSP and KUSP program names are service marks of the 'Pataphysical Broadcasting Foundation, Inc. or the producers of the programs. All rights reserved. You may not use any KUSP service marks, logos or graphic images without KUSP's prior written consent.
Framing
KUSP does not allow framing of its Web sites.
Links to KUSP Web Sites
KUSP encourages and permits links to content on KUSP Web Sites. However, KUSP is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that KUSP promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use KUSP content for inappropriate commercial purposes. Use of content within KUSP Web Sites for the purpose of supporting or opposing any candidate for elected office is prohibited. We reserve the right to withdraw permission for any link.
Links to Third Party Sites
KUSP has provided links to Internet sites maintained by third parties over which KUSP has no control. KUSP does not endorse the content, operators, products or services of such sites, and KUSP is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. KUSP 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.
KUSP Podcasts
KUSP provides podcasts (the "KUSP Podcasts") consisting of selected audio content from KUSP and other content providers, available at http://kusp.org/pod/ 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. KUSP Podcasts are protected by U.S. and international copyright laws. All rights in and to the KUSP Podcasts are reserved to KUSP or the content provider, unless otherwise explicitly stated. KUSP Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a portable listening device the KUSP Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to KUSP Podcasts from your web site, weblog or similar application, as long as the linking does not (a) suggest that KUSP promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use KUSP content for inappropriate commercial purposes. Use of content within KUSP Web Sites for the purpose of supporting or opposing any candidate for elected office is prohibited. KUSP reserves the right to discontinue providing KUSP Podcasts and to require that you cease accessing or using the KUSP Podcasts, or any content contained in the KUSP Podcasts, at any time for any reason.
Use of the Service
If you use the Service, by submission of essays, e-mails or other information via KUSP.org, you must follow a few simple rules:
1. While we do not seek to limit expression of ideas, certain materials and language will not be tolerated. You may not post, upload or transmit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law or that constitutes hate speech. KUSP retains the exclusive right to determine whether any material or links are prohibited.
2. You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded, included or transmitted materials will be owned by you or in the public domain.
3. The Service can only be used for non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.
4. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the Service to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to other users of the Service.
5. By posting, uploading or transmitting any material on or through the Service, you hereby grant KUSP a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform or display that material, and your name and location (city, state and/or country), if you provide that information to us, in connection with that material, in all media, whether or not now known.
6. Persons under eighteen (18) years of age are not authorized to register, upload or transmit material on or through the Service.
Rules & Guidelines for Submitting Comments on KUSP.org
KUSP allows users to submit comments anonymously or, in certain instances, with registration. Any information collected by KUSP when requiring registration will be stored and used per KUSP's Privacy Policy.
KUSP's goal is to further the discussion of topics covered in our programs with engaging, thoughtful and civil discourse. By moderating comments KUSP's intent is to create an environment for quality and substantive dialog.
Unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
KUSP reserves the right to edit and or remove posts deemed off-topic, abusive or not in conformance with KUSP's Privacy Policy and Terms of Use. KUSP further reserves the right to deny a user from making further posts by blocking their registration and access to KUSP.org, should the user show repeated disregard for the rules and guidelines outlined here.
No advertising or promoting is allowed.
KUSP advises you to not reveal any personal information about yourself or anyone else (for example: telephone number, address, or email address or any other details) that would allow you to be personally identified).
Views expressed by users on KUSP.org are theirs and unless specifically stated, are not those of KUSP. KUSP is not responsible for any content posted from third party websites. Links posted to KUSP.org do not imply any endorsement of that site by KUSP. Any use of that site by you is at your own risk.
Disclaimer
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH
THE SERVICE 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. KUSP
DOES NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE. NOR DOES
KUSP MAKE ANY WARRANTIES AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SERVICE
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, PRODUCTS,
OPINIONS, OR STATEMENTS AVAILABLE ON OR
THROUGH THE SERVICE OR THROUGH LINKS ON
THE SERVICE. USE OF THIS SERVICE IS ENTIRELY
AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE 'PATAPHYSICAL
BROADCASTING FOUNDATION, INC., ITS
DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS
BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES,
ARISING OUT OF THE USE OR INABILITY
TO USE THE SERVICE OR RELATING TO ANY
PRODUCTS SOLD ON OR THROUGH THE SERVICE.
Copyright Agent
KUSP respects the intellectual property
rights of others. If you believe that
your work has been copied in a way
that constitutes copyright infringement,
please provide the following information
in writing to KUSP:
1. a physical or electronic signature
of a person authorized to act on behalf
of the owner of the copyright.
2. a description of the copyrighted
work that you claim has been infringed.
3. a description of the material that
you claim 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
sufficient to permit us to locate the
material.
4. information so that we can contact
you, such as address, telephone number
and e-mail address.
5. a statement that you have 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.
6. a statement that the information
in the notification is accurate and,
under penalty of perjury, that you
are the copyright owner or are authorized
to act on behalf of the owner of a
copyright that is allegedly infringed.
Send the information to Copyright Inquiries,
KUSP,
203 8th Avenue,
Santa Cruz, CA 95062 USA.
International Users
The Service is controlled and operated
within the United States. KUSP makes
no representation that content, materials
or products available on or through
the Service are appropriate or available
for use outside of the United States.
If you access the Service from a
location outside the United States,
you are responsible for compliance
with applicable laws, including U.S.
export laws and regulations.
Miscellaneous
These terms of use, together with
the Privacy Policy,
represent the entire understanding
of the parties regarding the use
of the KUSP Web Sites and supersede
any previous documents, correspondence,
conversations, or other oral or written
understanding related to these terms
of use. These terms of use shall
be governed by and construed under
State of California 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 Service
shall be litigated in the state or
Federal courts with jurisdiction
over, and you hereby consent to personal
jurisdiction and venue in, the County
of Santa Cruz, State of California.
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.
Questions
If you have any questions about these
terms of use, please contact KUSP.
