Terms of Use

1. Introduction

  1. General Terms. This website, including BYUradio.org, the features and services available from the site such as feeds, podcasts, and embeddable video, (collectively, the “Site”) is operated by BYU Broadcasting, a division of Brigham Young University (“BYUB”). These terms of use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively “Terms of Use”) and the BYUB Privacy Policy, set forth the terms and conditions that apply to your use of the Site. By using the Site, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Site.
  2. User Profile. You may be given the opportunity to register and/or create a user account or profile (“Profile”) that may allow you to receive information from BYUB and/or to participate in certain features on the Site such as certain Interactive Features (as such terms is defined below). BYUB will use the information you provide in accordance with the BYUB Privacy Policy. By registering you represent and warrant that all information that you provide is true, accurate, current and complete to the best of your knowledge. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that BYUB may rely on this password to identify you. You are responsible for all use of your Profile, regardless of whether you authorized such access or use, and for ensuring that all uses of your Profile comply fully with the provisions of these Terms of Use.
  3. No Use by Children. Neither the Site nor the Interactive Features is directed to, or intended for use by, children (defined as anyone age twelve (12) or younger). Children should not use the Site or submit any information to BYUB. By submitting User Content (as such term is defined below) to an Interactive Feature, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on the Site, and fulfill the obligations set forth in these Terms of Use.
  4. International Use. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where such access occurs. BYUB makes no representation that the Site or the associated materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site materials from any jurisdiction where access or use is illegal is prohibited.

2. User Content

  1. Interactive Features. The Site may contain comments sections, discussion forums, bulletin boards, or other interactive features (collectively, “Interactive Features”) in which you may post, upload or embed User Content. For the purposes of this Terms of Use, “User Content” shall mean any comments and/or user-generated content, including, but not limited to, text, messages, blogs, ideas, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate, link to or otherwise distribute on or through the Site. You are solely responsible for your use of any Interactive Features and you use them at your own risk.

  2. Public Forum. “Public Forum” means an area, site or feature offered as part of the Site that has User Content for the viewing by one or more other users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, and e-mail function. You acknowledge that Public Forums and features offered therein are for public and not private communications and that you have no expectation of privacy with regard to any User Content in a Public Forum.

  3. Guidelines. If you submit any User Content or participate in an Interactive Feature within or in connection with the Site, you agree not to:

    • Upload, post or otherwise transmit any User Content that is or advocates actions that are: (i) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person (specifically, you must not distribute another person’s personal information of any kind without their express permission); (ii) bigoted, hateful, or racially or otherwise offensive; (iii) violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) a position in violation of the BYU Honor Code;
    • Upload, post or otherwise transmit any User Content that violates any applicable local, national, or international law or regulation or engage in activity that would constitute a criminal offense or give rise to a civil liability, or that would advocate or provide instructions to a third party to do the same;
    • Upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Feature;
    • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or upload, post or otherwise transmit any User Content that includes an identifiable natural person without the appropriate consent to use such person’s name or likeness in the manner contemplated by the Site;
    • Upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component, or otherwise tamper with, impair, interfere with or disrupt the Site or the servers or networks connected to the Site;
    • Reproduce, duplicate, copy, sell, resell or exploit for any commercial or business-related purpose, any portion of the Site, use of the Site, or access to the Site or advertise or offer to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions, donations, participation in contests, etc.) through the Site; or
    • Upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by BYUB, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.

  4. Monitoring and Termination. BYUB is not responsible for User Content submitted to the Site or posted in comment sections, chat rooms, on bulletin boards or on other Interactive Features by users of the Site. BYUB shall have the right, but not the obligation, to monitor User Content posted to, embedded on, or uploaded to the Site to determine compliance with these Terms of Use and any operating rules established by BYUB and to satisfy any law, regulation or authorized government request. Although BYUB has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, BYUB reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site and/or to terminate your Profile for any reason at any time, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.

  5. License to User Content. User Content submitted by you will be considered non-confidential and BYUB is under no obligation to treat such User Content as proprietary information except pursuant to the BYUB Privacy Policy. By submitting User Content to the Site, you automatically grant BYUB, its affiliates, successors, assigns, licensees, distributors, agents, representatives and other authorized users, the royalty-free, perpetual, irrevocable, non-exclusive and sub-licensable right and license to use, publish, reproduce, modify (including removing lyrics and music), adapt, delete, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed, including via broadcasts, for any and all purposes under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control with respect to such User Content. BYUB is under no obligation to offer you any payment for User Content or any notice that BYUB will exercise its rights as detailed herein. BYUB shall have no duty to attribute authorship of User Content to you. You further hereby appoint BYUB as your agent with full power to enter into and execute any document and/or do any act BYUB may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.

  6. Moral Rights. If it is determined that you retain moral rights or ancillary rights (including rights of attribution or integrity) in the User Content, you hereby declare that (i) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by BYUB or its licensees, successors and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (iv) you forever release BYUB, and its licensees, successors and assigns, from any claims that you could otherwise assert against BYUB by virtue of any such moral rights.

3. Intellectual Property Ownership

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. BYUB owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BYUB and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

4. Third Party Content

In many instances, the content, including User Content, available through the Site represents the opinions and judgments of the respective user or information provider not under contract with BYUB. BYUB neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will BYUB be liable for any loss or damage caused by your use or reliance on information obtained through the Site.

5. Sponsorships and Promotions

BYUB may run sponsorships and promotions from third parties on the Site. You should be aware that when you are on the Site, there may be links that take you outside of BYUB’s service to sites that are beyond BYUB’s control, such as banners and links from sponsors and/or content partners that may use BYUB’s logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by BYUB, different terms of use and privacy policy may apply, and BYUB is not responsible for such sites. BYUB does not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content contained on the Site.

6. Disclaimer of Warranty; Limation of Liability; Indemnification

  1. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER BYUB, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE.
  2. THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO FROM THE SITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BYUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST BYUB WITH RESPECT TO USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD-PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
  3. IN NO EVENT WILL BYUB, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE AND/OR FOR NEGLIGENT ACTIONS BY BYUB, ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS IN CONNECTION WITH THE SITE.
  4. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME(S), PASSWORD(S), AS WELL AS ALL ACTIVITIES THAT OCCUR UNDER YOUR PROFILE(S). YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD BYUB, ITS AFFILIATES, LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS OF USE OR CLAIMS ARISING FROM YOUR USE OF THE SITE AND/OR YOUR PROFILE(S). YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH BYUB IN THE DEFENSE OF ANY CLAIM. BYUB RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

7. Miscellaneous

  1. Changes to Terms of Use. BYUB may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
  2. Digital Millennium Copyright Act (DMCA). If you are a copyright owner or an agent thereof and believe that any User Content on the Site infringes upon your copyrights, you may notify BYU’s Designated Agent pursuant to the requirements set forth at http://lib.byu.edu/sites/copyright/.
  3. Disputes. You will resolve any claim, cause of action or dispute you have with BYUB arising out of or relating to this Terms of Use or the Site exclusively in a state or federal court located in Salt Lake City, Utah. The laws of the State of Utah will govern this Terms of Use, as well as any claim that might arise between you and BYUB, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Salt Lake City, Utah, for the purpose of litigating all such claims.
  4. Integration and Severability. These Terms of Use, along with the Privacy Policy, if posted elsewhere at the Site, constitute the entire agreement between BYUB and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of these Terms of Use and the Privacy Policy, if any, are determined to be invalid or unenforceable, all other provisions thereof will remain in full force and effect.
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