Introduction; Consent to Terms
Please read these Terms of Use before using wmsnews.net. By using wmsnews.net, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit wmsnews.net and do not use wmsnews.net or any of their features. 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 and/or an updated Privacy Policy on wmsnews.net. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of wmsnews.net following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.
Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the web sites, applications and services of wmsnews.net, and other web sites, applications and services that may link to or from the wmsnews.net website.
Copyrights
The contents of wmsnews.net are protected by U.S. and international copyright laws. The contents of the wmsnews.net are owned by or licensed to wmsnews.net and other producers or providers of programs or content to wmsnew.net (“Content Providers”). In the case of User Materials (as defined in the “User Materials” section below), the contents are licensed to wmsnews.net by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the wmsnews.net Services without the prior written consent of wmsnews.net, except as provided below. All rights not expressly granted in these Terms of Use are reserved to wmsnews.net.
You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests WMSNEWS.NET promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the NPR Services that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.
No quotes from any material on the wmsnews.net services may be used in any media without attribution to wmsnews.net.
You may use the Content Feeds, WMSNEWS.NET Content, Podcasts, WMSNEWS.NET Media Player, and other features of the WMSNEWS.NET Services only as expressly permitted in the relevant paragraphs below in these Terms of Use.
Any other use of wmsnews.net content requires prior written permission from wmsnews.net.
User Materials
Through the wmsnews.net community portion of the wmsnews.net services, through the Contact Us page, and through other features of the wmsnews.net Services, users may post, upload, transmit and/or otherwise submit (“Submit”) comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the WMSNEWS.NET Services (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by wmsnews.net staff and on the wmsnews.net by the general public. You acknowledge that the wmsnews.net services, the wmsnews.net community, and other features of the wmsnews.net services, are for public and not private communications.
We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we
have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you submit on or through the wmsnews.net services. However, by submitting User Materials on or through the wmsnews.net services, you hereby grant wmsnews.net, wmsnews.net member sites, and other Content
Providers, and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the WMSNEWS.NET Services, WMSNEWS.NET member station web sites, applications and services, third party licensee web sites, applications and services, over the air (on radio or television), and other applications and services, without payment and without further consent or notice to you. You further grant wmsnews.net, its member sites, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.
In addition, you grant each user of the wmsnews.net Services, WMSNEWS.NET member stations’ web sites, applications and services, and other Content Providers’ web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the wmsnews.net Services and wmsnews.net member sites’ web sites, applications and services and other Content Providers’ web sites, applications and services, to use your User Materials pursuant to these Terms of Use and the terms of use of the member stations, and as permitted by the functionality of the wmsnews.net Services and member station web sites, applications and services (such as through widgets and WMSNEWS.NET Content distribution).
For any User Materials you Submit on or through the wmsnews.net Services, you agree to abide by the “Rules of Use for the Service” set forth below, the Social Networking Discussion Rules (for User Materials Submitted through the WMSNEWS.NET Community or in response to an WMSNEWS.NET Blog), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.
Framing
WMSNEWS.NET does not allow framing of the wmsnews.net Services.
Links to the wmsnews.net Services Wmsnews.net encourages and permits links to content on the wmsnews.net Services. However, wmsnews.net is an organization committed to the highest journalistic ethics and standards and
to independent, noncommercial journalism, both in fact and in appearance. Therefore, the linking should not (a) suggest that wmsnews.net promotes or endorses any third party’s causes, ideas, web sites, products or services, or (b) use wmsnews.net content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.
Links to Third Party Sites and Services
The WMSNEWS.NET Services contain links to Internet sites, applications and services maintained by third parties, over which wmsnews.net has no control. Wmsnews.net does not endorse the content, operators, products or services of such sites, and wmsnews.net is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Wmsnews.net 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.
In some cases, the wmsnews.net Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.
The wmsnews.net Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to wmsnews.net, and that your use of the third party services is subject to the terms and policies of those services.
Content Feeds
Wmsnews.net provides Really Simple Syndication (RSS) Feeds at http://wmsnews.net/wordpress/feed, and provides or may provide other content feeds on or through the wmsnews.net services, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the “Content Feeds”). The Content 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 and which is not a news organization (“501(c)(3) Nonprofit Corporation”).
You may display, excerpt from, and link to the Content 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 wmsnews.net Services 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 wmsnews.net services page, (c) the use or display does not suggest that wmsnews.net promotes or endorses any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal
or 501(c)(3) Nonprofit Corporation web site, weblog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to wmsnews.net or the relevant Content Provider adjacent to the Content Feed, by including “wmsnews.net Headlines” or “wmsnews.net” or the name of the relevant Content Provider in text adjacent to the Content Feed.
Any other use of wmsnews.net’s trademarks or service marks, the names or service marks of any Content Provider, or of the Content Feeds requires the prior written permission of wmsnews.net. For permission requests, please visit our contact page. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use.
WMSNEWS.NET Content
Wmsnews.net enables users to access certain content, including audio, text, images and other content on the wmsnews.net Services, wmsnews.net member station web sites, applications and services, and other Content Provider web sites, applications and services through an application programming interface (API). Content accessed through the API (“API Content”) is available to registered users only for personal, non-commercial use, or for noncommercial online use by a 501(c)(3) Nonprofit Corporation.
If you have registered with wmsnews.net, you may use the API Content for personal, non-commercial use, or for noncommercial online use by a 501(c)(3) Nonprofit Corporation (which is not a news organization), provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links to API Content redirect the user to the wmsnews.net Services or the NPR member station or other Content Provider web sites when the user clicks on them. All audio must be streamed from the originating servers (through direct links that redirect the user to the wmsnews.net member station or other Content Provider web sites); (c) the date of all wmsnews.net content is displayed with that content; (d) your use or display of wmsnews.net content must not suggest that wmsnews.net, its member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party; (e) you shall not modify any WMSNEWS.NET content, headlines, links or metadata included in the wmsnews.net Content; (f) you shall not use the wmsnews.net content in any way that changes or distorts the fundamental meaning of the content; (g) you may use only a limited amount of content from the WMSNEWS.NET; you may not re-create the wmsnews.net services, wmsnews.net member station web sites, or any content Provider web sites, or any portion thereof; (h) you may not insert any intermediate page, splash page or other content between the links and the applicable WMSNEWS.NET Content source’s web page; and (i) you must provide attribution for the content source (wmsnews.net, wmsnews.net member station, or other Content Provider), by including “wmsnews.net” or the name of the relevant wmsnews.net content source in text in connection with the wmsnews.net content, and provide a link back to the wmsnews.net content source’s web site. Any other use of WMSNEWS.NET’s trademarks or service marks, the names or service marks of any WMSNEWS.NET content source, or of the wmsnews.net content requires the prior written permission of wmsnews.net. For permission requests, please visit our contact page.
Representations; Indemnity
You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the wmsnews.net services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the wmsnews.net services that may be necessary for their use as contemplated by the wmsnews.net services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the wmsnews.net services and these Terms of Use, (d) the User Materials, and their use by wmsnews.net, wmsnews.net member stations, their licensees, and users of the wmsnews.net services and wmsnews.net member station web sites, applications and services (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the wmsnews.net community), or these Terms of Use, and (e) your use of the wmsnews.net services complies with these Terms of Use.
You agree that you will indemnify and hold harmless wmsnews.net, its member stations, and Content Providers and their respective 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 wmsnews.net services, (3) the User Materials you have Submitted on or through the wmsnews.net services, or (4) wmsnews.net’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by wmsnews.net member stations, licensees, and users.
Disclaimer
THE WMSNEWS.NET SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE WMSNEWS.NET SERVICES 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. WMSNEWS.NET DOES NOT WARRANT THAT THE WMSNEWS.NET SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES WMSNEWS.NET MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NPR SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE NPR SERVICES OR THROUGH LINKS ON THE WMSNEWS.NET SERVICES. USE OF THE WMSNEWS.NET SERVICES IS ENTIRELY AT YOUR OWN RISK.
CONTENT ON THE WMSNEWS.NET SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE WMSNEWS.NET SERVICES 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 THE NPR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT WILL WMSNEWS.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE WMSNEWS.NET
SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE WMSNEWS.NET SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
RIGHT TO CHANGE WMSNEWS.NET SERVICES
WMSNEWS.NET reserves the right to change, terminate or suspend the WMSNEWS.NET Services, any features of the WMSNEWS.NET Services (including, but not limited to, Content Feeds, WMSNEWS.NET Content, Podcasts, and the WMSNEWS.NET Media Player), and any content or materials contained in the WMSNEWS.NET Services, in any way, at any time and for any reason or no reason. WMSNEWS.NET also has the right to require you to cease accessing any features, content or materials of the WMSNEWS.NET Services.
Online Shopping
In the event a product available on or through the WMSNEWS.NET is listed at an incorrect price or with incorrect information, WMSNEWS.NET 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 WMSNEWS.NET’s acceptance of your order, nor does it constitute confirmation of WMSNEWS.NET’s offer to sell. WMSNEWS.NET reserves the right at any time after receipt of your order to accept or decline your order for any reason. WMSNEWS.NET 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.
Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent WMSNEWS.NET respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the WMSNEWS.NET Services, please provide the following information in writing to WMSNEWS.NET’s Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
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.
If you believe that any content or materials you posted, uploaded or Submitted to the WMSNEWS.NET Services, that were subsequently removed from the WMSNEWS.NET Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter -Notification to WMSNEWS.NET’s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
1. your physical or electronic signature.
2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
WMSNEWS.NET’s Copyright Agent can be reached at support@wmsnews.net.
Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the WMSNEWS.NET Services, please contact WMSNEWS.NET through our contact page.
International Users
The WMSNEWS.NET Services are controlled and operated within the United States. WMSNEWS.NET makes no representation that content, materials or products available on or through the WMSNEWS.NET Services are appropriate or available for use outside of the United States. If you access the WMSNEWS.NET Services 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 and Social Networking Discussion Rules, represent the entire understanding of the parties regarding the use of the WMSNEWS.NET Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the WMSNEWS.NET Services. These Terms of Use are separate and distinct from the terms of use governing the web sites, applications and services of WMSNEWS.NET’s member stations, and the web sites, applications and services that may link to or from the WMSNEWS.NET Services. These Terms of Use shall be governed by and construed under District of Columbia 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 WMSNEWS.NET Services shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the District of Columbia. 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.
Introduction; Consent to Terms
Please read these Terms of Use before using wmsnews.net. By using wmsnews.net, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit wmsnews.net and do not use wmsnews.net or any of their features. 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 and/or an updated Privacy Policy on wmsnews.net. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of wmsnews.net following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.
Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the web sites, applications and services of wmsnews.net, and other web sites, applications and services that may link to or from the wmsnews.net website.
Copyrights
The contents of wmsnews.net are protected by U.S. and international copyright laws. The contents of the wmsnews.net are owned by or licensed to wmsnews.net and other producers or providers of programs or content to wmsnew.net (“Content Providers”). In the case of User Materials (as defined in the “User Materials” section below), the contents are licensed to wmsnews.net by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the wmsnews.net Services without the prior written consent of wmsnews.net, except as provided below. All rights not expressly granted in these Terms of Use are reserved to wmsnews.net.
You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests WMSNEWS.NET promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the WMSNEWS.NET Services that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.
No quotes from any material on the wmsnews.net services may be used in any media without attribution to wmsnews.net.
You may use the Content Feeds, WMSNEWS.NET Content, Podcasts, WMSNEWS.NET Media Player, and other features of the WMSNEWS.NET Services only as expressly permitted in the relevant paragraphs below in
these Terms of Use.
Any other use of wmsnews.net content requires prior written permission from wmsnews.net.
User Materials
Through the wmsnews.net community portion of the wmsnews.net services, through the Contact Us page, and through other features of the wmsnews.net Services, users may post, upload, transmit and/or otherwise submit (“Submit”) comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the WMSNEWS.NET Services (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by wmsnews.net staff and on the wmsnews.net by the general public. You acknowledge that the wmsnews.net services, the wmsnews.net community, and other features of the wmsnews.net services, are for public and not private communications.
We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you submit on or through the wmsnews.net services. However, by submitting User Materials on or through the wmsnews.net services, you hereby grant wmsnews.net, wmsnews.net member sites, and other Content Providers, and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the WMSNEWS.NET Services, WMSNEWS.NET member station web sites, applications and services, third party licensee web sites, applications and services, over the air (on radio or television), and other applications and services, without payment and without further consent or notice to you. You further grant wmsnews.net, its member sites, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.
In addition, you grant each user of the wmsnews.net Services, NPR member stations’ web sites, applications and services, and other Content Providers’ web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the wmsnews.net Services and wmsnews.net member sites’ web sites, applications and services and other Content Providers’ web sites, applications and services, to use your User Materials pursuant to these Terms of Use and the terms of use of the member stations, and as permitted by the functionality of the wmsnews.net Services and member station web sites, applications and services (such as through widgets and WMSNEWS.NET Content distribution).
For any User Materials you Submit on or through the wmsnews.net Services, you agree to abide by the “Rules of Use for the Service” set forth below, the Social Networking Discussion Rules (for User Materials Submitted through the WMSNEWS.NET Community or in response to an WMSNEWS.NET Blog), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.
Framing
Wmsnews.net does not allow framing of the wmsnews.net Services.
Links to the WMSNEWS.NET Services Wmsnews.net encourages and permits links to content on the wmsnews.net Services. However, wmsnews.net is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, the linking should not (a) suggest that wmsnews.net promotes or endorses any third party’s causes, ideas, web sites, products or services, or (b) use wmsnews.net content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.
Links to Third Party Sites and Services
The wmsnews.net Services contain links to Internet sites, applications and services maintained by third parties, over which wmsnews.net has no control. Wmsnews.net does not endorse the content, operators, products or services of such sites, and wmsnews.net is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Wmsnews.net 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.
In some cases, the wmsnews.net Services may include certain embedded cools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.
The wmsnews.net Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to wmsnews.net, and that your use of the third party services is subject to the terms and policies of those services.
Content Feeds
Wmsnews.net provides Really Simple Syndication (RSS) Feeds at http://wmsnews.net/wordpress/feed, and provides or may provide other content feeds on or through the wmsnews.net services, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the “Content Feeds”). The Content 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 and which is not a news organization (“501(c)(3) Nonprofit Corporation”).
You may display, excerpt from, and link to the Content Feeds on your personal web site, weblog, or similar application for personal, oncommercial 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 wmsnews.net Services 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 wmsnews.net services page, (c) the use or display does not suggest that wmsnews.net promotes or endorses any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3) Nonprofit Corporation web site, weblog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to wmsnews.net or the relevant Content Provider adjacent to the Content Feed, by including “WMSNEWS.NET Headlines” or “wmsnews.net” or the name of the relevant Content Provider in text adjacent to the Content Feed. Any other use of wmsnews.net’s trademarks or service marks, the names or service marks of any Content Provider, or of the Content Feeds requires the prior written permission of wmsnews.net. For permission requests, please visit our contact page. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use.
Wmsnews.net Content
Wmsnews.net enables users to access certain content, including audio, text, images and other content on the wmsnews.net Services, wmsnews.net member station web sites, applications and services, and other Content Provider web sites, applications and services through an application programming interface (API), through the API (“API Content”) is available to registered users only for personal, non-commercial use, or for noncommercial online use by a 501(c)(3) Nonprofit Corporation.
If you have registered with wmsnews.net, you may use the API Content for personal, non-commercial use, or for noncommercial online use by a 501(c)(3) Nonprofit Corporation (which is not a news organization), provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters;
(b) all links to API Content redirect the user to the wmsnews.net Services or the WMSNEWS.NET member station or other Content Provider web sites when the user clicks on them. All audio must be streamed from the originating servers (through direct links that redirect the user to the wmsnews.net member station or other Content Provider web sites); (c) the date of all wmsnews.net content is displayed with that content; (d) your use or display of wmsnews.net content must not suggest that wmsnews.net, its member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party; (e) you shall not modify any API content, headlines, links or metadata included in the wmsnews.net Content; (f) you shall not use the wmsnews.net content in any way that changes or distorts the fundamental meaning of the content; (g) you may use only a limited amount of content from the API; you may not re-create the wmsnews.net services, wmsnews.net member station web sites, or any content Provider web sites, or any portion thereof; (h) you may not insert any intermediate page, splash page or other content between the links and the applicable API Content source’s web page; and (i) you must provide attribution for the content source (wmsnews.net, wmsnews.net member station, or other Content Provider), by including “wmsnews.net” or the name of the relevant wmsnews.net content source in text in connection with the wmsnews.net content, and provide a link back to the wmsnews.net content source’s web site.
Any other use of WMSNEWS.NET’s trademarks or service marks, the names or service marks of any API content source, or of the wmsnews.net content requires the prior written permission of wmsnews.net. For permission requests, please visit our contact page.
Representations; Indemnity
You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the wmsnews.net services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the wmsnews.net services that may be necessary for their use as contemplated by the wmsnews.net services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the wmsnews.net services and these Terms of Use, (d) the User Materials, and their use by wmsnews.net, wmsnews.net member stations, their licensees, and users of the wmsnews.net services and wmsnews.net member station web sites, applications and services (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the wmsnews.net community), or these Terms of Use, and (e) your use of the wmsnews.net services complies with these Terms of Use.
You agree that you will indemnify and hold harmless wmsnews.net, its member stations, and Content Providers and their respective 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 wmsnews.net services, (3) the User Materials you have Submitted on or through the wmsnews.net services, or (4) wmsnews.net’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by wmsnews.net member stations, licensees, and users.
Disclaimer
THE WMSNEWS.NET SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE WMSNEWS.NET SERVICES 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. WMSNEWS.NET DOES NOT WARRANT THAT THE WMSNEWS.NET SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES WMSNEWS.NET MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NPR SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE WMSNEWS.NET SERVICES OR THROUGH LINKS ON THE WMSNEWS.NET SERVICES. USE OF THE WMSNEWS.NET SERVICES IS ENTIRELY AT YOUR OWN RISK.
CONTENT ON THE WMSNEWS.NET SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE WMSNEWS.NET SERVICES 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 THE NPR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT WILL WMSNEWS.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE WMSNEWS.NET SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE WMSNEWS.NET SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL WMSNEWS.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
RIGHT TO CHANGE WMSNEWS.NET SERVICES WMSNEWS.NET reserves the right to change, terminate or suspend the WMSNEWS.NET Services, any
features of the WMSNEWS.NET Services (including, but not limited to, Content Feeds, WMSNEWS.NET Content, Podcasts, and the WMSNEWS.NET Media Player), and any content or materials contained in the WMSNEWS.NET Services, in any way, at any time and for any reason or no reason.
WMSNEWS.NET also has the right to require you to cease accessing any features, content or materials of the WMSNEWS.NET Services.
Online Shopping
In the event a product available on or through the WMSNEWS.NET is listed at an incorrect price or with incorrect information, WMSNEWS.NET 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 WMSNEWS.NET’s acceptance of your order, nor does it constitute confirmation of WMSNEWS.NET’s offer to sell.
WMSNEWS.NET reserves the right at any time after receipt of your order to accept or decline your order for any reason. WMSNEWS.NET 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.
Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent
WMSNEWS.NET respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the WMSNEWS.NET Services, please provide the following information in writing to WMSNEWS.NET’s Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
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.
If you believe that any content or materials you posted, uploaded or Submitted to the WMSNEWS.NET Services, that were subsequently removed from the WMSNEWS.NET Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter
-Notification to WMSNEWS.NET’s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
1. your physical or electronic signature.
2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
WMSNEWS.NET’s Copyright Agent can be reached at support@wmsnews.net.
Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the WMSNEWS.NET Services, please contact WMSNEWS.NET through our contact page.
International Users
The WMSNEWS.NET Services are controlled and operated within the United States. WMSNEWS.NET makes no representation that content, materials or products available on or through the WMSNEWS.NET Services are appropriate or available for use outside of the United States. If you access the WMSNEWS.NET Services 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 and Social Networking Discussion Rules, represent the entire understanding of the parties regarding the use of the WMSNEWS.NET Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the WMSNEWS.NET Services. These
Terms of Use are separate and distinct from the terms of use governing the web sites, applications and services of WMSNEWS.NET’s member stations, and the web sites, applications and services that may link to or from the WMSNEWS.NET Services. These Terms of Use shall be governed by and construed under District of Columbia 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 WMSNEWS.NET Services shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the District of Columbia. 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.