Terms of Use

Look, we're as anti-authoritarian as you are but unfortunately the world we live in requires that we cover ourselves in case people try to use our humble community as a platform for ruining peoples' lives. So, we know it might be a little boring, but take a couple seconds to check out our Terms of Use. This will ensure that we won't hate you, you don't get banned, and you don't accidentally (or purposefully) delete the station.

Anything in bold connotes E-Z Terms of Use Translation written by a real live WFMU DJ.
 
Last Updated 10/24/12 .
  1. Introduction.
    1. Please read the following Terms of Use ("Terms of Use," "Terms," or "Agreement") carefully. By accessing or using any of the pages or content located on wfmu.org (the "Site"), you ("you" or "User") indicate that you understand and agree to the Terms of Use.
    2. The Terms of Use include all other Site policies, such as the Privacy Policy, which may be found here. By agreeing to the Terms of Use, you indicate that you understand and agree to all Site policies.
      Once you click agree, that means you read it & get it.
    3. WFMU reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services and by providing notice to you that this Agreement has changed via e-mail. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified.
      Don't worry, we'll let you know if we change anything.
  2. About the Site.
    Definitions, FYI:
    1. wfmu.org ("WFMU," "we," "us," or "our") is the website for public radio station WFMU, offering live streaming radio content, archives, podcasts, images, videos, an interactive comments forum, and related media. WFMU is owned and operated by Auricle Communications, whose mission is to utilize radio as a creative medium.
    2. Content on the Site ("Content") includes, but is not limited to, written comments, descriptions, ratings, audio and/or video files, images, scripts, and designs. Content includes, but is not limited to, Member-Generated Content and Site Content (as those terms are defined below).
    3. Users include but are not limited to persons who visit the Site or access its Content in any manner, persons who contribute, post, and upload Content of any kind to the Site, and persons who maintain, moderate, or edit Content.
  3. Categories of Use.
    Basic What's-This-Site-For?! :
    1. First, WFMU allows you to listen to, download, and search for audio and/or video files hosted on the Site.
    2. Second, as a registered member (a "Member"), you may post written comments, upload images, and favorite songs, albums, programs, and program episodes.
  4. Eligibility.
    1. To register on wfmu.org, you must be at least thirteen (13) years old and must either be able to form legally binding contracts in your jurisdiction or have legal parental or guardian consent to enter into, agree to, and abide by these Terms of Use.
      If we think you're younger than 13 we will ban you. This may or may not mean you are actually younger than 13.
  5. Member Accounts, Passwords, and Security.
    1. You may register for a Member account provided that you are eligible to use the Site and provided that you agree to the Terms of Use.
    2. You are responsible for maintaining the security of your password and account. You are responsible for all activities that occur under your account. WFMU is not responsible for any harms arising out of the unauthorized or improper use of your account or password.
    3. WFMU reserves the right to restrict or delete your account or restrict your access to the Site, at our sole discretion and without notice or liability.
    4. You are responsible for providing WFMU with accurate, complete, and updated registration information, particularly your e-mail address, and failure to do so may result in suspension of your Account.
      We really need to have your active email address/contact info so we can let you know when things change around here-- for your safety. If we have no way of contacting you, that's a good enough reason to not be on our site.
  6. Restrictions on Use. WFMU strives to be a clean, safe, friendly, and legal site. In visiting, accessing, or using the Site, you agree to abide by the following rules of conduct.
    1. You will not falsely assume the identities of other Users on the Site. WFMU reserves the right to refuse registration of or cancel a username in its sole discretion.
      Don't pretend to be someone you're not. Don't.
    2. You will not harass, threaten, or defraud other Users online or offline. You will not transmit content that is illegal, defamatory, libelous, obscene, pornographic, threatening, invasive of privacy, injurious, or that may otherwise infringe on the ability of other Users to enjoy the Site. You will not post inflammatory content with the sole intention of provoking other Users.
    3. You will not post spam, junk mail, or chain letters on the Site. You will not post advertisements anywhere on the Site.
    4. You will not attack the Site with automated requests or attempt to data mine the Site. You will not attempt to gain unauthorized access to the Site or other User accounts by hacking, password mining, or other means. You will not attempt to compromise the Site's integrity in any way.
    5. Any content that you upload or contribute to the Site and any behavior in relation to the Site shall not compromise the security or functionality of the Site or of other computers. You will not post malicious files or files that will install any software or scripts on a User's computer without the User's consent and full knowledge.
    6. You will not use the Site or Content hosted on the Site in any way that violates the Terms of Use.
      Don't be a jerk. Don't post illegal or pornographic stuff to our site. Don't spam your band promo stuff everywhere. Don't try to illegally hack the site or possess it with evil. If you do, bye.
  7. Posting Comments
    1. Member-Generated Content includes Members' written comments, statements, ratings, and descriptions, which Members may post on the Site.
    2. As a Member posting Member-Generated Content:
      1. You agree that your avatar and Member name may be displayed next to any Member-Generated Content that you post.
      2. You agree that you own or control all necessary rights in and to comments that you post on the Site and that you are not infringing other people's rights by posting such comments on the Site.
        Everything you post has got your name on it so it'll be obvious if you're stealing it from someone else. Quoting is totally cool, but credit where credit's due, just to keep everyone sane. Speaking of... (see below for more on that)
    3. Licensing.
      1. As a Member, you agree that all Users of the Site may access, quote, or reproduce your Member-Generated Content in connection with their use of the Site.
    4. Members may notify WFMU of any comments that they consider inappropriate. Flagged comments may be monitored by WFMU and may be removed by WFMU staff at their discretion. WFMU reserves the right to remove any comments that violate the Terms of Use.
    5. WFMU may display Members' lists of favorite songs, albums, program episodes, and radio shows. These lists and Member-Generated Content are viewable to the public and may remain available to the public for an indefinite period of time at the discretion of WFMU.
      WFMU may put the kibosh on a member's comments for any reason. Your list of favorites may be posted publicly. By agreeing to the terms of service you're saying you're OK with that.
  8. User Conduct.
    1. WFMU encourages all Users to be courteous and respectful in their communications on the Site. Still, Content found on the Site may represent a wide range of views and may be inaccurate, offensive, or inappropriate to different people. WFMU neither endorses nor takes responsibility for content generated by Users. WFMU will not be liable for monitoring such content.
    2. WFMU reserves the right to delete, disable, or remove any content that we consider inappropriate or violates this Agreement, at our sole discretion, without notice or liability.
      If we sense malicious vibes via anything you post we will get rid of it. We won't even warn you (but we might). That said, if we're not extremely fast in getting rid of something you think is bad, we're sorry. Feel free to let us know.
  9. Site Content.
    1. Definition. Site Content ("Site Content") refers to any text, images, trademarks, service marks, logos, graphics, page layouts, or other material or content that is created, uploaded, owned, or maintained directly by the owners or administrators of WFMU. Site Content includes, but is not limited to "WFMU," wfmu.org, and other service marks, logos, and graphics representing the Site.
    2. Intellectual Property. All Site Content is the property of WFMU and is protected by copyright, trademark, and other intellectual property laws.
    3. Links to the Site. You may create a hyperlink to the Site as long as the link does not portray WFMU and its affiliates in a false, misleading, or offensive manner.
    4. Links to Independent Websites. WFMU pages may display links to independent, third-party websites ("Third Party Sites"). We neither control nor endorse Third Party Sites. You agree that we are not responsible for the content of Third Party Sites, or for any harm that arises from or relates to Third Party Sites.
      Anything on this site belongs to us. Yep, if FMU's in the URL, everything that follows it is ours and should be credited as such if you take it out of context. Also, feel free to link us wherever (in fact, please do!) but if there's any sort of negative false advertising about it, you're going to get a talking to.
  10. Intellectual Property.
    1. Copyright. You agree to comply with U.S. copyright laws as well as the laws of your local jurisdiction.
    2. Trademarks. All trademarks, logos, or other proprietary information (including images, text, and page layouts) displayed on the Site are protected by U.S. trademark law. You will not frame or use any trademarks, logos, or other proprietary information of rights-holders in any way without their express written consent. You are granted no right or license with respect to these trademarks. Use of such trademarks in any manner that is likely to cause confusion or that disparages or discredits the trademark owner is strictly prohibited.
    3. Copyright Infringement and Notification Policy. If you believe that your copyrighted works have been used in a way that constitutes copyright infringement, please follow the procedures in our Digital Millennium Copyright Act Policy in Section 11 below.
      Our site content is protected by copyright.
  11. Digital Millennium Copyright Act Policy: Notice and Takedown Procedures.
    1. WFMU will act in accordance with Title 17, U.S.C., Section 512(c) of the Digital Millennium Copyright Act ("DMCA") regarding copyright infringement.
    2. Infringement Notification.
      1. WFMU's Designated Agent to receive notification of alleged infringement is: Station Manager Ken.
      2. If you are a copyright owner and believe that your copyrighted works have been used in a way that constitutes copyright infringement, you may send a written notification (preferably by email) to WFMU's Designated Agent listed above. Please identify the copyrighted work(s) and include your name, address, phone number, email address, and your physical or electronic signature. Also state that (1) you are the copyright owner or authorized to act on behalf of the copyright owner; and (2) you have a good faith belief that the use of the work is not authorized by the copyright owner, its agent, or the law.
      3. We will respond to clear and valid notices of alleged infringement by removing or disabling access to the allegedly infringing content, regardless of whether we are liable for such infringement.
    3. Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that content is infringing your copyrights. Contact an attorney if you are not sure whether the content is infringing.
    4. Counter-notification.
      1. Pursuant to Section 512(g)(2)(A) of the DMCA, we will take reasonable steps to notify you when we remove or disable the content that you posted that allegedly infringes copyright.
      2. If you are a User who believes your content was mistakenly removed or disabled, you may send our Designated Agent (see above) a counter-notification. In your counter-notification, please identify the work and its location on the Site before it was removed or disabled, and include your name, address, phone number, and your physical or electronic signature. Also state that you have a good faith belief that the content was mistakenly removed or disabled.
    5. Repeat Infringers.
      1. In accordance with Section 512(i)(1)(A) of the DMCA, we will, in appropriate circumstances, disable and/or terminate the accounts of Users who are repeat infringers.
      If you feel that the WFMU Friendship Society or member thereof is infringing on YOUR intellectual property, instructions for further action are listed above- both infringer & infringed.
  12. Limitation of Liabilities.
    1. To the full extent permissible by applicable law, you expressly understand and agree that in no event will WFMU, its affiliates, directors, agents, and successors be liable to you for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profit, LOSS of income, LOSS of business opportunities, loss of goodwill or reputation, or loss of data, regardless of the nature of the claim or the form of action, arising from the Site or Content and services on the Site, whether or not we had any knowledge, actual or constructive, that such damages might be incurred.
      If you lose your job and your friends because you did something stupid on our site, it's not our fault.
  13. Disclaimer of Warranties.
    1. You expressly understand and agree that WFMU and any materials and content on the Site are provided on an "as is" and "as available" basis, and your use of the Site is at your sole risk. The WFMU Friendship Society makes no representations or warranties of any kind, express or implied, as to the Site's operation or the information, content, or materials included on this Site. To the fullest extent permissible by applicable law, WFMU disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability and fitness for any particular purpose. Without limitation, we disclaim any and all warranties regarding the security, reliability, accuracy, timeliness, and performance of the Site, its services, and its functions, as well as any of content and information accessed from the site.
      On the internet, things are always changing and sometimes a little off-kilter. We're trying our best to keep our site in tip-top condition for you, but we can't guarantee that it's going to be perfect in all situations (though for you- we wish it would be!).
  14. Choice of Law and Venue.
    1. This Agreement is governed by and construed according to the laws of the State of New Jersey, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of New Jersey in the event of any claims, actions, or disputes arising from or relating to WFMU, or your use or review of it. This Agreement is the entire agreement between parties with respect to the subject matter hereof and replaces all prior or contemporaneous understandings or agreements regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect
      WFMU is located in the state of New Jersey, USA. If you really screw things up somehow, you're going to have to answer to New Jersey.
  15. Indemnification.
    1. You expressly understand and agree to indemnify, defend, save, and hold harmless Auricle Communications, WFMU, Users of wfmu.org, and their respective directors, agents, and successors, from and against any and all liabilities, including but not limited to all costs, expenses, and damages arising out of any breach or alleged breach by you of any of the provisions in the Terms of Use, including but not limited to any claim made by any third-party.
      If you broke your agreement to our Terms of Use and other people get mad at you, you can't blame it on us.
  16. Right to Eliminate Access.
    1. WFMU reserves the right to eliminate access to the Site to anyone for any reason, including but not limited to violations of the Terms of Use.
  17. Severability.
    1. If any part of the Terms is found unenforceable, the rest of the Terms shall remain enforceable to the maximum extent of the law.
  18. Waiver.
    1. Failure of WFMU to pursue a violation of a specific provision of the Terms does not imply a waiver of our right to pursue and act on violations of the Terms.
      If we're too busy to deal with you right away, it doesn't mean we never will.
Great! Thanks for reading. Don't stress about it, as long as you're generally a good person we're sure you'll be fine. Welcome to the club!

©2014 WFMU Terms Privacy

Generated by KenzoDB, © 2014 Ken Garson