PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
This
Web page details the terms of a legal agreement (the "Terms of
Use") between you and WRUW-FM/Case Western Reserve University. By accessing this
Web site you acknowledge that you have read and understood the Terms
of Use and, having read and understood the Terms of Use, you voluntarily
agree to be bound by the Terms of Use. You also agree to comply with
all laws and regulations applicable to the use of the Web site, to the
use of the Internet, and to the activities involved in using this Web
site.
If
you do not agree with the Terms of Use, then do not use this Web site.
Situs
This Web site is controlled by WRUW-FM/Case Western Reserve University from its offices
within Ohio. WRUW-FM/Case Western Reserve University complies with all laws of Ohio applicable
to this Web site and to the Internet. Visitors who choose to visit this
Web site from other jurisdictions do so on their own initiative. Those
visitors are solely responsible for compliance with their local laws.
Venue
& Jurisdiction
Claims relating to this Web site, to the use of this Web site, and to
the information content, material, goods and services available through
this Web site are governed by the laws of Ohio. You hereby unconditionally,
voluntarily, and irrevocably consent to submit to the exclusive jurisdiction
of Ohio for any litigation concerning this Web site, your use of this
Web site and any purchases made through this Web site. You agree not
to plead forum non-conveniens in any such action.
Change
of Terms
These Terms of Use may be changed without notice. Your continued use
of this Web site after the Terms of Use are changed indicates your acceptance
of those new Terms of Use. If you do not agree to the new Terms of Use,
then discontinue your use of this Web site.
Alteration
of Site
WRUW-FM/Case Western Reserve University may change, suspend or discontinue any feature,
aspect, product, good or service available through this Web site at
any time. WRUW-FM/Case Western Reserve University may alter the availability of any feature
of this Web site or service related to any feature of this Web site
at any time.
WRUW-FM/Case Western Reserve University may add, remove or modify any content of this Web site,
including that of third parties, at any time.
Limitation
on Usage
WRUW-FM/Case Western Reserve University may limit your access to any part of this Web
site without notice to you. WRUW-FM/Case Western Reserve University may terminate your
use of its Web site at any time.
Visitor
On-Line Conduct
*
You agree to use this Web site only for lawful purposes.
* You agree to use this Web site only for its intended purposes.
* WRUW-FM/Case Western Reserve University reserves the right to prohibit any conduct involving
this Web site that it deems to be inappropriate.
* You agree not to disrupt this Web site.
* You agree not to interfere with or compromise the security of this
Web site, or any computers, servers, accounts, networks, data, software
and/or hardware associated with this Web site.
* You agree not to disrupt or interfere with any other visitor's use
of this Web site.
* You agree not to attempt to obtain access to any portion of this Web
site, any computer, server, account, network, software or hardware associated
with the Web site, from which you are restricted.
* You agree that you are solely responsible for any actions you undertake
while visiting this Web site and that you will comply with all applicable
local, state, national and international laws and regulations applicable
to this Web site and the Internet, including United States copyright
and export regulations.
Links
To and From Other Web Pages
You may gain access to other Web sites via links on this Web site. These
Terms of Use apply to WRUW-FM/Case Western Reserve University Web site and do not apply
to other parties' Web sites. Similarly, you may have come to this Web
site via a link from another Web site. The terms of use of other Web
sites do not apply to this Web site. Only these Terms of Use apply to
this Web site. WRUW-FM/Case Western Reserve University assumes no responsibility for any
terms of use or material outside this Web site accessed via any link.
Copyright,
Trademark and Intellectual Property
All information, content and material ("CONTENT") made available
by WRUW-FM/Case Western Reserve University through this Web site is owned by or licensed
to WRUW-FM/Case Western Reserve University. WRUW-FM/Case Western Reserve University and its licensors retain
all rights in this CONTENT.
All
CONTENT, including but not limited to the Web site design, text, drawings,
photographs, graphics, sound recordings and video recordings are protected
by copyrights owned by WRUW-FM/Case Western Reserve University or its licensors. The CONTENT
and any and all such copyrighted material may not be modified, copied,
distributed, downloaded, displayed, e-mailed, transmitted or sold in
any form or by any means, in whole or in part, without the prior written
consent of the respective copyright owner.
WRUW-FM/Case Western Reserve University grants you permission to display, copy, distribute, print
and/or download the CONTENT on this Web site for your personal, non-commercial
use only. If you display, copy, distribute, print and/or download the
CONTENT on this Web site then you may not modify that CONTENT and you
must retain all copyright and other proprietary notices contained in
the CONTENT.
The
permission granted herein terminates automatically if you breach these
terms or conditions. Upon termination of the permission, you must immediately
destroy any CONTENT you displayed, copied, distributed, printed and/or
downloaded.
www.wruw.org, WRUW-FM/Case Western Reserve University, WRUW-FM logotype and Case Western Reserve University logotype
are either registered trademarks, trademarks, service marks or otherwise
protected property of WRUW-FM/Case Western Reserve University and may not be used, copied
or imitated without the prior written consent of WRUW-FM/Case Western Reserve University.
WRUW-FM/Case Western Reserve University's intellectual property may not be used in connection with
any service or product that is not WRUW-FM/Case Western Reserve University's. WRUW-FM/Case Western Reserve University's intellectual property may not be used in any manner that
is likely to cause confusion among consumers or in any manner that disparages
WRUW-FM/Case Western Reserve University. Other registered trademarks, trademarks, product
names, company names, service marks and otherwise protected property
displayed on this Web site are the property of their respective owners
and are subject to the terms and conditions applied by those owners
to their intellectual property.
The
compilation of the CONTENT on this Web site is the exclusive property
of WRUW-FM/Case Western Reserve University and is protected by U.S. and International
Copyright law.
You
may not mirror any CONTENT contained in this Web site on any other Web
site, or server.
Digital
Millennium Copyright Act
Transmission of Third Party Content
You may not upload, post or otherwise distribute on this
Web site anything protected by copyright or other proprietary rights
unless the owner of the applicable copyright or proprietary right has
given you express authorization for such uploading, posting or distribution
on the Web.
Anything
for which permission has been granted to upload, post or otherwise distribute
must contain the notice "Copyright WRUW-FM/Case Western Reserve University; used
by express permission."
The
unauthorized use, uploading, posting, and/or distribution of CONTENT
protected by copyright or other proprietary rights is illegal and subjects
the malfeasant to civil penalties and criminal prosecution.
WRUW-FM/Case Western Reserve University, its affiliates, officers, directors, employees, agents
or any such similarly situated persons or entities are not liable for
damages resulting from any infringement resulting from your actions
involving copyrighted or proprietary right protected material.
WRUW-FM/Case Western Reserve University, pursuant to the Digital Millennium Copyright Act, designates
Simran Kumar to receive complaints and notices of suspected copyright
infringements. Simran Kumar can be reached via e-mail at compliance@wruw.org
and by regular mail at 11220 Bellflower Road, Cleveland, Ohio, 44106.
You
are prohibited from uploading, posting or otherwise distributing on
this Web site any unlawful, threatening, libelous, defamatory, obscene,
pornographic or profane CONTENT that could produce any civil or criminal
liability for either yourself or for WRUW-FM/Case Western Reserve University, its affiliates,
officers, directors, employees, agents or any such similarly situated
persons or entities.
Ownership
of Third Party Content
WRUW-FM/Case Western Reserve University displays CONTENT supplied by visitors and other
third parties on its Web site. WRUW-FM/Case Western Reserve University has no editorial
control over this CONTENT.
The
CONTENT supplied by visitors and other third parties belongs to the
respective owners of that CONTENT.
WRUW-FM/CASE WESTERN RESERVE UNIVERSITY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS
AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES ("WE")
DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE
OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
WE
DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE
OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
We
shall not, under any circumstances, be liable for any loss, damages
or harm caused by you or anyone else's reliance on CONTENT available
on this Web site that is the property of visitors or third parties.
You are solely responsible for evaluating and acting on any CONTENT
available on this Web site.
Copyright
Violation Notification
If you have a good faith belief that your copyright has been infringed
by any CONTENT on this Web site, then please notify Simran Kumar who can
be reached at compliance@wruw.org and 11220 Bellflower Road,
Cleveland, Ohio, 44106. Please provide, in writing, the following information
to Simran Kumar: a statement that you have in good faith belief that your
copyright has been infringed and that the disputed use was not authorized
by either the copyright owner, the agent of the copyright owner or by
operation of law i.e., fair use); a description of the copyrighted work
that you believe has been infringed; a description of the location of
the allegedly infringing material; your name, address, telephone number
and e-mail address; a statement, made under penalty of perjury, that
your notice of copyright infringement is accurate and that you are either
the copyright owner or are a person authorized to act on behalf of the
copyright owner.
Your
notice of copyright infringement must contain either the electronic
or physical signature of either the copyright owner or a person authorized
to act on behalf of the copyright owner.
DISCLAIMERS
THIS WEB SITE IS PROVIDED "AS-IS" AND "AS-AVAILABLE."
WRUW-FM/CASE WESTERN RESERVE UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEB SITE,
THE CONTENT, GOODS AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEB
SITE.
YOU
AGREE TO VISIT THIS WEB SITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT
YOUR USE OF THIS WEB SITE, AND ANY CONTENT, GOODS AND/OR SERVICES AVAILABLE
THROUGH THIS WEB SITE IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT
THAT THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S
USE WILL BE CONTINUOUS AND/OR ERROR FREE.
WE
DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, GOODS AND/OR SERVICES AVAILABLE
THROUGH THIS WEB SITE ARE ACCURATE, RELIABLE OR CURRENT.
WE
MAKE NO WARRANTY CONCERNING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THIS WEB SITE OR ANY CONTENT, GOODS AND/OR SERVICES AVAILABLE
THROUGH THIS WEB SITE.
WRUW-FM/CASE WESTERN RESERVE UNIVERSITY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.
LIMITATION
OF LIABILITY
WRUW-FM/CASE WESTERN RESERVE UNIVERSITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE
AND/OR CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OF THIS WEB SITE.
NEITHER
WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING,
MAINTAINING AND/OR UPDATING THIS WEB SITE SHALL BE LIABLE, UNDER ANY
CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL,
ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS,
THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEB SITE, RESULTING
FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE,
HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, WRUW-FM/CASE WESTERN RESERVE UNIVERSITY'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY
OTHER CAUSE, EVEN IF WRUW-FM/CASE WESTERN RESERVE UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT,
GOODS AND SERVICES AVAILABLE THROUGH THIS WEB SITE.
IN
ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY
TYPE OF DAMAGE IS PROHIBITED, WRUW-FM/CASE WESTERN RESERVE UNIVERSITY'S LIABILITY IS LIMITED
TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
Indemnity
You agree to indemnify WRUW-FM/Case Western Reserve University from any damages, losses,
costs, or expenses that WE may incur as a result of your use of this
Web site or your use of the CONTENT, goods and/or services available
through this Web site.
Severability
If any provision of these terms of use is held invalid or unenforceable
in whole or in part in any jurisdiction, that provision shall be ineffective
in that jurisdiction without affecting the validity or enforceability
of the remaining provisions of these terms of use.
Integration
Clause
You hereby acknowledge that these terms of use, including all documents
referenced herein, represent the entire understanding between you and
WRUW-FM/Case Western Reserve University concerning your use of this Web site, and the
CONTENT, goods and services available on this Web site.
