Privacy Policy and Terms of Use for KUER.ORG

Part 1) KUER’s Privacy Policy

Effective Date June 1, 2007

KUER FM90, values the privacy our Web site visitors. This privacy policy explains what type of information is collected from you when you visit our Web site and how that information may be used. 

Gathering of Information 

KUER collects personally-identifying information (such as your name, e-mail address, address, telephone number and/or credit card information) from the KUER Web site only if you choose to provide that information to us. 

KUER asks visitors to provide certain personal information when they register for the KUER Discussion Forums, when they request an audio CD of KUER programs, when they e-mail a page of the KUER Web site to another person, when they make a purchase from the KUER Online Shop, and when they register for any online contests. KUER also may ask visitors to provide personal information in other limited circumstances specified at the time the information is gathered. Any information that you post when participating in the KUER Discussions becomes public.

Like all other Web servers, KUER's Web server automatically creates log files for each visitor who accesses our site. These "access logs" allow us to make our site more useful to our visitors. The access logs do NOT record a visitor's name, address, phone number, credit card numbers, or any other personally-identifying information. Rather, they contain some or all of the following information:

• The Internet Protocol Address (IP Address) of the machine which accessed our Web site.
• The date of the visit.
• The time of the visit.
• The path taken through our Web site.
• The browser being used.
• A list of files downloaded or viewed.
• The amount of time spent accessing media files.
• Any errors encountered.

Cookies

KUER may also uses 'cookies' to collect information. A cookie is a string of characters that can be written to a file on the user's hard drive when the user visits a Web site. Only the Web site that set the cookie can read it, and it can only be used as a record keeping device to store information that the site already has. It cannot, for example, be used to read other information from the user's hard drive. 

KUER uses cookies to track users' activity through the site in order to improve the site's architecture, to offer the user interactive features that would not be possible without them, and to recall specific information to save the user time during subsequent visits to the site. For example, cookies allow KUER to remember your media player preference. KUER Discussions and Chat Forums, and other interactive features also use cookies. If you wish to prevent certain or all cookies from being set to your hard drive you may disable them in your browser's preferences, although your browser might then be unable to accommodate certain functionalities on kuer.org. 

Use of Information 

The use of personally-identifying information is limited to the following: responding to user e-mails; listing name and location (city, state and/or country) information provided by users when publishing user e-mails or other submissions; fulfillment of audio CD orders; fulfillment of KUER Online Shop orders; contest management; editorial purposes such as contacting users for an online survey; sending communications, including marketing and promotional communications from KUER to users who have 'opted in' to the receipt of such communications, and other purposes specified at the time the information is gathered. 

Any information that you disclose when participating in the KUER Discussions or Chat Forums becomes public. Moreover, by participating in the KUER Discussions and Chat Forums, the e-mail address you provide for such purpose becomes available to any third parties accessing our Web site and as a result, you may receive unsolicited e-mail from such third parties. 

In addition, if you send an e-mail, story idea, essay and/or other submission ("Submission") to KUER through our Web site, we may print that Submission, or an excerpt from it, on the KUER Web site, read it on air, or otherwise publish it in any other medium, together with your name and location (city, state and/or country) if you provide that information to us. 

Personally-identifying information collected by KUER is not provided to outside parties except KUER service vendors (such as KUER's Online Shop fulfillment service and KUER's enewsletter email list manager), and other third parties when the user specifically consents to such distribution. In these circumstances, the information is provided for the sole purpose of -- and only to the extent necessary for -- delivering the requested transcript, or goods to the user, delivering communications from KUER to users who have 'opted in' to the receipt of these communications, or serving other internal KUER purposes. 

KUER also may disclose personal information if required to do so by law or if it believes that such action is necessary to (a) comply with the law or with legal process, (b) protect against misuse or unauthorized use of the KUER Web site, or (c) protect the personal safety or property of KUER Web site users, the public or KUER and its employees. 

If you do not want your personally-identifying information to be collected or used for any of these purposes, you can simply 'opt out' according to the process described below. 

KUER uses non-identifying aggregate information to analyze use of and better design the KUER Web site and to share with third parties in aggregate form only as appropriate. For example, we may tell a third party that a certain number of users accessed a particular audio stream on our Web site. However, we will not disclose any information that could be used to identify those users.

Security 

KUER has in place what we believe to be appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Credit card information provided to the KUER Online Shop is protected against unauthorized use by 128-bit encryption and Secure Sockets Layer (SSL) security features, which scramble your personal information so that only your web browser and our Web site's server can decipher it. 

Children

Under 13: You must be at least 13 years old in order to register for the Discussions, order KUER CDs, or place an order on the KUER Online Shop. If you are under 13 years of age, please do not send any information about yourself, including your name, address or e-mail address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible. 

13-18: Unless otherwise specified, you must be at least 18 years old in order to participate in any online contests. Visitors between the ages of 13 and 18 must obtain permission from their parents or guardians before registering for the Discussions, ordering KUER CDs, placing an order on the KUER Online Shop, or otherwise sending any personally-identifying information. 

Corrections to Personal Data; Opting Out 

Please Contact Us to a) correct or update any personal information in the KUER database that you state is erroneous, b) opt-out of future communications from KUER or c) request KUER to make reasonable efforts to remove your personal information from the KUER Online database. The user understands that it may be impossible to delete personal information entirely because of backups and records of deletions. 

Acceptance of Privacy Policy Terms 

KUER reserves the right to change this policy. Any changes to this policy will be posted to this page as soon as reasonably possible, so please check this page periodically. Use of the KUER Web site constitutes consent to any policy then in effect. Please make sure that you read KUER's Terms of Use to understand additional terms and conditions which apply to the use of our Web site. 

If you have any questions or comments concerning our privacy policy, please Contact Us via e-mail or send a letter to: 

KUER FM90 101 S. Wasatch Drive Salt Lake City, UT 84112

Links to other Sites 

It is important to note that the KUER Web site contains links to other sites that may not follow the same privacy policies as the KUER Web site. For instance, clicking on a sponsorship notice on KUER.org will take you to an entirely different site. These sites may use cookies, collect data, and use the data in ways that KUER.org would not. KUER is not responsible for the privacy practices or any information or materials on these other sites. Please visit these sites if you wish to review their privacy policies.

Part 2) KUER Terms of Use

Updated June 1st, 2007

Introduction; Consent to Terms

Please read these Terms of Use before using KUER.org or any features of this site, including, but not limited to, the KUER Shop, KUER RSS Feeds, KUER Public Action and KUER Podcasts (collectively, the "KUER 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 KUER 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 KUER 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 KUER Web sites without the prior written consent of KUER, except as provided below. You may copy and print a limited amount of content, and you may download KUER 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 KUER content requires prior written permission from KUER. For permission requests, please contact John Greene, General Manager for KUER via email or phone at 801-581-6828. For information regarding the purchase of audio CDs, visit our CDs and Copies page.

Trademarks

KUER® and KUER program names are service marks of either KUER FM90, The University of Utah, or the producers of the programs. All rights reserved. You may not use any KUER service marks, logos or graphics without KUER's prior written consent, except that you may use the KUER-provided logo contained in an KUER RSS Feed in connection with the personal, noncommercial use of KUER's RSS Feeds, subject to the requirements set forth below in KUER's RSS Feed policy. 

Framing

KUER does not allow framing of its Web sites. 

Links to KUER Web Sites

KUER encourages and permits links to content on KUER Web sites. However, KUER 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 KUER promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use KUER content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link. 

Links to Third Party Sites 

KUER has provided links to Internet sites maintained by third parties, over which KUER has no control. KUER does not endorse the content, operators, products or services of such sites, and KUER is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. KUER 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. 

RSS Feeds

KUER's RSS Feeds, provided by KUER consist of a selection of headlines, summaries and links to full news stories, which can be delivered to your desktop using a technology called XML (extensible Markup Language) (individually, an "RSS Feed" and collectively, the "RSS Feeds"). The RSS Feeds are protected by U.S. and international copyright laws. All rights in and to the RSS Feeds are reserved to KUER. The RSS 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 ("501(c)(3) Nonprofit Corporation"). You may display, excerpt from, and link to the RSS Feeds on your personal Web site, weblog, 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 KUER Web sites 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 KUER web page, (c) the use or display does not suggest that KUER promotes or endorses any third party causes, ideas, Web sites, products or services, (d) the fundamental meaning of the content contained in the RSS Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the news stories or other content that are linked to by the RSS Feeds. If you display an entire RSS Feed on your personal or 501(c)(3) Nonprofit Corporation Web site, weblog or similar application, (a) you may not redistribute the RSS Feed, and (b) you must provide attribution to KUER adjacent to the RSS Feed, by including "KUER News Headlines" or "KUER" in text adjacent to the RSS feed. Any other use of KUER's trademarks, or service marks, or of the RSS Feeds requires the prior written permission of KUER. For permission requests, please visit our permissions page. For use of the news stories or other content that are linked to by the RSS Feeds, please see the Copyright section of these Terms of Use. KUER reserves the right to discontinue providing RSS Feeds and to require that you cease accessing or using the RSS Feeds, or any content contained in the RSS Feeds at any time for any reason. 

KUER Podcasts

KUER provides podcasts (the "KUER Podcasts") consisting of selected audio content from KUER and other content providers, 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. KUER Podcasts are protected by U.S. and international copyright laws. All rights in and to the KUER Podcasts are reserved to KUER or the content provider. KUER Podcasts are available for personal, noncommercial use only. You may download, copy, and/or transfer to a portable listening device the KUER Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to KUER Podcasts from your Web site, weblog or similar application, as long as (a) the links redirect the user to the KUER Web sites 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 KUER web page, (c) the linking does not suggest that KUER promotes or endorses any third party's causes, ideas, Web sites, products or services, or (d) you do not use KUER content for inappropriate commercial purposes, and (e) you provide attribution to KUER adjacent to the link. KUER reserves the right to discontinue providing KUER Podcasts and to require that you cease accessing or using the KUER Podcasts, or any content contained in the KUER Podcasts, at any time for any reason. 

Use of the Service

If you use the Service, including by participation in the KUER Discussions or Chat Areas of the KUER Web sites or by submission of comments, essays, e-mails or other information via KUER.org, you must follow a few simple rules:

• You may not post, upload or transmit any messages or materials anonymously or under a false name or a false e-mail address.
• 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.
• 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.
• 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.
• 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.
• By posting, uploading or transmitting any material on or through the Service, you hereby grant KUER 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.
• Persons under the age of eighteen (18) MUST obtain parental permission before registering for the KUER Discussion Boards or Chat Forums or posting, uploading or transmitting material on or through the Service. Children under the age of thirteen (13) are not eligible to participate in the KUER Discussions or chats or otherwise post, upload or transmit material on or through the Service.
• You are solely responsible for any content posted, uploaded or transmitted using your account. KUER does not and cannot review every message posted by you and is not responsible for any materials posted by others in the KUER Discussions or Chat Forums or on or through the Service. However, KUER has the right (but not the obligation) to delete, edit or move any material that it deems, in its sole discretion, to be in violation of the Rules of the KUER Discussion Boards or Chat Forums or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable.
• KUER is not responsible or liable for any materials posted in the KUER Discussions or Chat Forums or posted, uploaded or transmitted on or through the Service. KUER cannot verify the accuracy of statements that users place on the KUER Discussions or Chat Forums or on or through the Service, and does not guarantee that any material has been posted, uploaded or transmitted with the permission of the copyright or proprietary owner or is otherwise in compliance with the Rules of the KUER Discussion Boards or Chat Forums or these Terms of Use.
• By using the Service, you agree to abide by these rules. You acknowledge that KUER has the right to delete, edit or move material that it deems, in its sole discretion, to be in violation of the Rules of the KUER Discussion Boards or Chat Forums or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that KUER has the right to limit or terminate access to the KUER Discussions or Chat Forums for any reason, including violation of the Rules of the KUER Discussion Boards or Chat Forums or these Terms of Use.

Representations; Indemnity

You represent and warrant that (a) any material you post, upload or transmit on the KUER Discussions or Chat Forums or on or through the Service does not and will not violate any Rules of the KUER Discussion Boards or Chat Forums or these Terms of Use, and (b) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless KUER and its 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 Service, (3) the materials you have posted, uploaded or transmitted in the KUER Discussions or Chat Forums or on or through the Service, or (4) KUER's publication, distribution or use of such materials. 

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. KUER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES KUER MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES 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. 
KUER.ORG CONTENT IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON KUER.ORG 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 KUER.ORG. 

LIMITATION OF LIABILITY

IN NO EVENT WILL KUER, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR PODCAST CONTENT PROVIDERS 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. IN NO EVENT WILL KUER, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR PODCAST CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. 

Online Shopping

In the event a product available on or through the KUER Shop is listed at an incorrect price or with incorrect information, KUER will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify KUER's acceptance of your order, nor does it constitute confirmation of KUER's offer to sell. KUER reserves the right at any time after receipt of your order to accept or decline your order for any reason. KUER may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you. 

Copyright Agent

KUER 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 KUER's Copyright Agent:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
• a description of the copyrighted work that you claim has been infringed.
• 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.
• information so that we can contact you, such as address, telephone number and e-mail address.
• 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.
• 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.

KUER’s Copyright Agent:

The copyright agent for the University of Utah is:

Kevin Taylor
University of Utah
Office of Information Technology
Eccles Broadcast Center
101 S. Wasatch Drive #215
Salt Lake City, Utah 84112
(801) 585-3314
Send email to:

International Users

The Service is controlled and operated within the United States. KUER 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 local laws regarding online conduct and content and 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 KUER 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 Utah 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 local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in Utah. 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 the terms of use, please contact KUER.