Terms of Use
Introduction; Consent to Terms
Please read these Terms of Use before using z92online.com or any features of this site, including, but not limited to, the Omni Broadcasting Shop, Content Feeds, other syndicated distribution of content, Podcasts, API Content, widgets, the Omni Broadcasting Community and other social networking features (collectively, the "Omni Broadcasting Web Sites" or the "Service"). By using the Service, 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 the Service and do not use the Service or any of its 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 the Omni Broadcasting Web Sites. 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 the Service following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.
Copyrights
The contents of the Omni Broadcasting Web Sites are protected by U.S. and international copyright laws. The contents of the Omni Broadcasting Web Sites, including Podcasts, Content Feeds, API Content and other features of the Omni Broadcasting Web Sites, are owned by or licensed to Omni Broadcasting or Omni Broadcasting's member stations and content providers. In the case of User Materials (as defined in the "User Materials" section below), the contents are licensed to Omni Broadcasting by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Omni Broadcasting Web Sites without the prior written consent of Omni Broadcasting, except as provided below. All rights not expressly granted in these Terms of Use are reserved to Omni Broadcasting.
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 Omni Broadcasting 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 Omni Broadcasting Web Sites 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.
You may use the Content Feeds, API Content, Podcasts and other features of the Omni Broadcasting Web Sites only as expressly permitted in the relevant paragraphs below in these Terms of Use.
Any other use of Omni Broadcasting content requires prior written permission from Omni Broadcasting.
Trademarks
Omni Broadcasting®, Omni Broadcasting program names, member station names, logos and program names, and other Content Provider names and logos, are service marks of Omni Broadcasting., its member stations or the producers of the programs or other content. All rights are reserved by the respective owners. You may not use any Omni Broadcasting-provided service marks, logos or graphics, without Omni Broadcasting's prior written consent, except that you shall have the right, and obligation, to use any Omni Broadcasting, Omni Broadcasting Member Station or other Content Provider service mark or logo included in, or required to be used in connection with, API Content, Content Feeds, or other functionalities of the Omni Broadcasting Web Sites, subject to the requirements set forth in these Terms of Use for the use of the API Content, Content Feeds or other functionalities of the Omni Broadcasting Web Sites.
User Materials
Through the Omni Broadcasting Community portion of the Service, through the Contact Us page, and through other features of the Omni Broadcasting Web Sites, 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 Omni Broadcasting Web Sites ("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 Omni Broadcasting staff and on the Internet by the general public. You acknowledge that the Omni Broadcasting Web Sites, the Omni Broadcasting Community, and other features of the Omni Broadcasting Web Sites, 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 Omni Broadcasting Web Sites. However, by submitting User Materials on or through the Omni Broadcasting Web Sites, you hereby grant Omni Broadcasting, Omni Broadcasting Member Stations, and other Content Providers, and their respective licensees a non-exclusive, perpetual, royalty-free, universe-wide, 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 Omni Broadcasting Web Sites, Omni Broadcasting member station web sites, third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant Omni Broadcasting, its member stations, 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 Omni Broadcasting Web Sites, Omni Broadcasting Member Stations Web Sites and other Content Providers Web Sites, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Omni Broadcasting Web Sites and Omni Broadcasting Member Station Web sites and other Content Providers Web Sites to use your User Materials pursuant to these Terms of Use and the terms of use of member station web sites, and as permitted by the functionality of the Omni Broadcasting Web Sites and member station web sites (such as through widgets and API Content distribution).
For any User Materials you Submit on or through the Omni Broadcasting Web Sites, 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 Omni Broadcasting Community or in response to an Omni Broadcasting 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
Omni Broadcasting does not allow framing of the Omni Broadcasting Web Sites.
Links to Omni Broadcasting Web Sites
Omni Broadcasting encourages and permits links to content on Omni Broadcasting Web Sites. However, Omni Broadcasting 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 Omni Broadcasting promotes or endorses any third party's causes, ideas, web sites, products or services, or (b) use Omni Broadcasting 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
Omni Broadcasting has provided links to Internet sites maintained by third parties, over which Omni Broadcasting has no control. Omni Broadcasting does not endorse the content, operators, products or services of such sites, and Omni Broadcasting is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Omni Broadcasting 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.
API Content
Omni Broadcasting enables users to access certain content, including audio, text, images and other content on the Omni Broadcasting Web Sites, Omni Broadcasting Member Web Sites, and other Content Provider Web Sites 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 the noncommercial online use by a 501(c)(3) Corporation.
If you have registered with Omni Broadcasting, you may use the API Content for personal, non-commercial use, or for the noncommercial online use by a 501(c)(3) 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 Omni Broadcasting or Omni Broadcasting Member 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 Omni Broadcasting or Omni Broadcasting Member or other Content Provider Web Sites); (c) the date of all API Content is displayed with that content; (d) your use or display of API Content must not suggest that Omni Broadcasting, 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 API Content; (f) you shall not use the API 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 Omni Broadcasting Web Sites, Omni Broadcasting Member Web Sites, or any Content Provider Websites or any portion thereof; (h) you must provide attribution for the content source (Omni Broadcasting, Omni Broadcasting member station, or other Content Provider) and provide a link back to the API Content source's web site; and (i) you may not insert any intermediate page, splash page or other content between the links and the applicable API Content source's web page.
Omni Broadcasting reserves the right to include or apply sponsorship to any API Content and to track usage of the API Content.
Podcasts
Omni Broadcasting provides podcasts (the "Podcasts") consisting of selected audio content from Omni Broadcasting 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. Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a portable listening device the Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to Podcasts from your web site, weblog or similar application, as long as (a) the links redirect the user to the Omni Broadcasting 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 Omni Broadcasting web page, (c) the linking does not suggest that Omni Broadcasting promotes or endorses any third party's causes, ideas, web sites, products or services, (d) you do not use Omni Broadcasting content for inappropriate commercial purposes, and (e) you provide attribution to Omni Broadcasting adjacent to the link. Omni Broadcasting reserves the right to discontinue providing Podcasts and to require that you cease accessing or using the Podcasts, or any content contained in the Podcasts, at any time for any reason.
Rules for Use of the Service
By using the Service, including by registering for the Service, participating in the Omni Broadcasting Community, Submitting User Materials through the Omni Broadcasting Community, the Contact Us page or other means, using Content Feeds, API Content, or Podcasts, or by using any other features of the Omni Broadcasting Web Sites, you agree to the following rules:
1. You must be at least eighteen (18) years of age to register for or participate in the Omni Broadcasting Community or other social networking features of the Omni Broadcasting Web Sites; submit any User Materials or personally-identifying information on or through the Omni Broadcasting Web Sites; participate in any online contests; and/or order transcripts, or place an order on the Omni Broadcasting Online Shop. If you are between the ages of 13 and 18, you may browse the Omni Broadcasting Web Sites or register for email newsletters or other features of the Service (excluding the Omni Broadcasting Community) with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email 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.
2. You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.
3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.
4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Omni Broadcasting, Omni Broadcasting member stations, and users of the Omni Broadcasting Web Sites (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
5. The Service can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Omni Broadcasting Web Sites, the Omni Broadcasting Member Websites or other Content Provider Web Sites for political campaigning recruiting votes, or soliciting support for legislative or other initiatives.
6. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Service to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Service.
7. You may not interfere with or disrupt the integrity or performance of the Omni Broadcasting Web Sites, Omni Broadcasting Member Web Sites, or other Content Provider Web Sites, or any portion or contents thereof, or use theseWeb Sites in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to these Web Sites or related systems or networks.
8. By submitting any User Materials on or through the Service, you hereby grant Omni Broadcasting, Omni Broadcasting member stations, and other Content Providers, their licensees, and users of theseWeb Sites (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the "User Materials" section.
9. You are solely responsible for any User Materials submitted using your account. Omni Broadcasting does not and cannot review all User materials submitted by you or others and is not responsible for any User materials submitted by you or others on or through the Service. However, Omni Broadcasting has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Omni Broadcasting Community), or these Terms of Use, or for any other reason, as determined in Omni Broadcasting's sole discretion.
10. Omni Broadcasting is not responsible or liable for any User Materials submitted by you or a third party, including any User Materials, on or through the Service. Omni Broadcasting cannot verify the accuracy of statements that users make or place on or through the Service, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Omni Broadcasting Community), or these Terms of Use.
11. By using the Omni Broadcasting Service, you agree to abide by these rules. You acknowledge that Omni Broadcasting has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Omni Broadcasting Community), or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that Omni Broadcasting has the right to limit or terminate your, or any other person's, access to or registration in the Service for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.
Representations; Indemnity
You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the Service, 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 Service that may be necessary for their use as contemplated by the Omni Broadcasting Web Sites and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Omni Broadcasting Web Sites and these Terms of Use, (d) the User Materials, and their use by Omni Broadcasting, Omni Broadcasting member stations, their licensees, and users of the Omni Broadcasting Web Sites and member station web sites (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 Omni Broadcasting Community), or these Terms of Use, and (e) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless Omni Broadcasting, its Member Stations, and Content Providers to this Service and their respective directors, officers, employees, members, 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 User Materials you have Submitted on or through the Service, or (4) Omni Broadcasting's publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Omni Broadcasting member stations, licensees, and users.
Disclaimer
THE SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR 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. Omni Broadcasting DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES Omni Broadcasting 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 CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, 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.
CONTENT ON THE Omni Broadcasting WEB SITES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE Omni Broadcasting WEB SITES 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 Omni Broadcasting WEB SITES.
LIMITATION OF LIABILITY
IN NO EVENT WILL Omni Broadcasting, 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 SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, 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 Omni Broadcasting, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
RIGHT TO CHANGE Omni Broadcasting WEB SITES
Omni Broadcasting has the right to change the Omni Broadcasting Web Sites, terminate or cease providing the Omni Broadcasting Web Sites, or delete content, materials or features in any way, at any time or for any reason or no reason.
Online Shopping
In the event a product available on or through the Omni Broadcasting Shop is listed at an incorrect price or with incorrect information, Omni Broadcasting 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 Omni Broadcasting's acceptance of your order, nor does it constitute confirmation of Omni Broadcasting's offer to sell. Omni Broadcasting reserves the right at any time after receipt of your order to accept or decline your order for any reason. Omni Broadcasting 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
Omni Broadcasting 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 Omni Broadcasting Web Sites, please provide the following information in writing to Omni Broadcasting'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 Omni Broadcasting Web Sites, that were subsequently removed from the Omni Broadcasting Web Sites, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Omni Broadcasting'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.
International Users
The Service is controlled and operated within the United States. Omni Broadcasting 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 and Social Networking Discussion Rules, represent the entire understanding of the parties regarding the use of the Omni Broadcasting Web Sites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Omni Broadcasting Web Sites. These Terms of Use are separate and distinct from the terms of use governing Omni Broadcasting’s www.getmyvote.org site, the web sites of Omni Broadcasting’s member stations, and the web sites that may link to or from the Omni Broadcasting Web Sites. 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 Service 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.
Questions
If you have any questions about the terms of use, please contact Omni Broadcasting.