WWOZ SITE TERMS
This Site, www.wwoz.org, is operated by WWOZ 90.7FM ("WWOZ"). These Site Terms apply exclusively to your access to, and use of, our Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with us for other products or services.
We reserve the right to change or modify any of the terms and conditions contained in our Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Copyright Notice and License
All copyrighted and copyrightable materials on this Site, including, without limitation, the WWOZ logo, design, text, graphics, pictures, playlists, webcasts and sound files, and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2001-2008 WWOZ 90.7FM and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of us or the respective copyright owner.
You are granted a limited, non-sublicensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only. Such grant does NOT include the right to:
(a) copy, publish, display, publicly perform, or distribute any Materials, including reproduction on any computer network or broadcast or publications media;
(b) resell or make commercial use of the Site or its Materials;
(c) systematically collect and use any data or content including the use of any data mining, robots, or similar data gathering and extraction methods;
(d) make derivative uses of the Site and its Materials;
(e) use, frame or utilize framing techniques to enclose any WWOZ trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page); or
(f) use any meta tags or any other "hidden text" utilizing a WWOZ name, trademark, or product name.
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of WWOZ or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
WWOZ is the copyright owner of or an authorized licensee for all Webcasts (including all compositions and sound recordings contained therein), whether simulcast or archived, broadcast on this Site. Our broadcast of Webcasts is authorized under licenses by ASCAP, BMI, SESAC, SoundExchange/RIAA and/or the compulsory license provisions of the Digital Millennium Copyright Act. You may play the Webcasts from the Site for your personal, non-commercial use only. The Webcasts, or any song contained within a Webcast, may not be copied, reproduced, distributed, republished, downloaded, displayed, publicly performed, posted or transmitted in any form or by any means, including without limitation the transferring or downloading of a Webcast or any portion thereof to a computer hard drive or other storage medium.
WWOZ, our logo, and the products and services described in this Site, are either trademarks, service marks or registered trademarks of WWOZ or its licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of WWOZ, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and WWOZ names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use our logo or other proprietary graphic or trademark to link to this Site without our express written permission. This limited right may be revoked at any time. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Disclaimers and Express Waiver of Warranty
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, YOU EXPRESSLY AGREE THAT ANY THIRD-PARTY WEBSITE OR NON-WWOZ WEBSITE YOU MAY ACCESS OR LINK TO THROUGH THIS SITE IS SOLELY YOUR RESPONSIBILITY, AND THAT WWOZ MAKES NO WARRANTY REGARDING ANY SUCH SITE AND ANY DAMAGE OF ANY TYPE RESULTING FROM ACCESSING ANY SUCH SITE IS SOLELY YOUR RESPONSIBILITY.
Limitation of Liability
IN NO EVENT SHALL WWOZ BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS, AND INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH WWOZ MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SITE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
(III) YOUR FAILURE TO PROVIDE WWOZ WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(V) MISAPPROPRIATION, THEFT OR OTHER UNLAWFUL USE OF ANY OF YOUR CONFIDENTIAL PROPRIETARY INFORMATION INCLUDING BUT NOT LIMITED TO CREDIT CARD ACCOUNT NUMBERS, PASSWORDS, ACCOUNT CODES, ACCESS CODES, OR THE LIKE WHICH COULD RESULT IN FINANCIAL LOSS, DAMAGE TO PERSONAL CREDIT HISTORY OR OTHER LOSS.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Louisiana, USA without resort to its conflict of law provisions. A dispute related to your use of the site shall be brought exclusively in the state or federal courts located in Orleans Parish.
Member Refund Policy
Refunds of membership donations will be given upon request. Refunds will be made in the same form of payment as the contribution, within 2 weeks of member request.
Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.