Terms of Service

(A) Terms of Use and (B) Privacy Policies: The following rules govern the use by you of the BroadcastWisdom.com website (the "Site"). The rules set forth herein apply to all materials, online communications and other information that is or becomes available on the Site (collectively, "Information"). By signing on and using the Site, you specifically agree to abide by these rules and any modifications thereto. 1. Personal Uses Permitted : You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit the Site and/or any Information for commercial purposes or otherwise use the Site and/or any Information in a manner that is inconsistent with these rules. 2. User's Obligation to Abide By Applicable Law : You shall abide by all applicable federal, state and local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. 3. Disclosure of Online Communications: You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel for Broadcast Wisdom may, in the course of their regular duties, have access to communications between you and the Site for technical or operational purposes. Broadcast Wisdom may also disclose any such communications to the extent permitted or required by law. 4. Prohibition Against Rogue Programming : You shall not post, transmit or make available in any way through the Site any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). Broadcast Wisdom has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. 5. Content of Information : You are responsible for the content of any information you may put on the Site. In such cases, the Information posted to the Site does not necessarily reflect the views of BroadcastWisdom.com and its corporate sponsors; and in no event shall BroadcastWisdom.com and its corporate sponsors assume or have any responsibility or liability for any information posted to the Site or for any claims, damages or losses resulting from the use and/or appearance of such information on the Site. BroadcastWisdom.com and its corporate sponsors have no obligation to monitor or control any Information that is or becomes available on the Site. BroadcastWisdom.com reserves the right to review any Information that is or becomes available on the Site and the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in BroadcastWisdom.com's sole discretion, unacceptable, undesirable or in violation of these rules and/or to terminate or suspend your access to and/or use of the Site, or any part of it. BroadcastWisdom.com and its corporate sponsors have no obligation to exercise such reservations of rights by BroadcastWisdom.com. By submitting information to BroadcastWisdom.com, you grant BroadcastWisdom.com and its corporate sponsors a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information, and your name in connection therewith, in any and all media, now known or hereinafter devised, without limitation; and you represent that you have all necessary rights to authorize the foregoing. This also includes, without limitation, the right to use such information in advertising and promotion of the Site and our works in any and all media now known or hereinafter devised. While BroadcastWisdom.com and its corporate sponsors strive to provide users with the highest-quality related resources on its site, we cannot and do not ensure the quality or accuracy of the third-party content to which we link. 6. Copyright : BroadcastWisdom.com and its corporate sponsors respect the intellectual property of others and asks its users to do the same. If you believe that any copyrighted work of yours has been used on or in connection with the Site in a way that constitutes copyright infringement, please provide BroadcastWisdom.com and its corporate sponsors the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BroadcastWisdom.com and its corporate sponsors , for notice of claims of copyright infringement on this Site can be reached at support@BroadcastWisdom.com. Without limitation of any of its other rights and remedies under these rules, the policy of BroadcastWisdom.com is to terminate access to the Site by infringers of copyright. 7. Podcasts : The MP3 audio files and files that together comprise a Site-hosted podcast (herein referred to as the "podcast") are protected by U.S. and international copyright laws. All rights to podcast(s) originating from the Site, including the content and technology included therein, are reserved to the BroadcastWisdom.com Site-hosted podcast(s); and are available for personal, noncommercial use only. You may link to Site-hosted podcast(s) from your personal Web site and audio files may be downloaded and played on any system for personal, noncommercial purposes, unless permission to do so is expressly denied, and provided that: (a) you do not modify or delete any of the podcast content nor individual audio files; (b) you do not redistribute the MP3 audio files made available as part of the podcast nor any audio file downloaded from the Site; (c) the use or display does not suggest that BroadcastWisdom.com and its corporate sponsors endorses any third party causes, ideas, Web sites, products or services; (d) audio files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from BroadcastWisdom.com and its corporate sponsors, except as permitted by law. For permission requests, please contact us. BroadcastWisdom.com and its corporate sponsors reserve the right to discontinue providing podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the podcast at any time for any reason. Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the podcast producer, BroadcastWisdom.com and its corporate sponsors be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the podcast(s). 8. Ownership: All elements of the Site, including without limitation, software, text, graphics, logos, button icons, images, audio clips, streams, downloads, and data compilations, (but specifically excluding any Information you put on the Site), are as between you and BroadcastWisdom.com, the sole property of BroadcastWisdom.com and its corporate sponsors or its licensors; and protected by United States and international law, including copyright law. All rights reserved. All trademarks on the Site are the property of BroadcastWisdom.com and its corporate sponsors , or their respective owners. Except for content for which BroadcastWisdom.com and its corporate sponsors give explicit authorization, or as otherwise permitted under law, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way. 9. Disclaimer of Warranties: Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. BroadcastWisdom.com does not warrant that any information is complete or accurate, that the site will be uninterrupted or error free or that any information is free of rogue programming. No advice or information obtained by you from or through the site shall create any warranty not expressly stated in these terms of use. Your downloading of any information from or through the Site is at your own discretion and risk. Without limitation, you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 10. Limitation of Damages: Under no circumstances, including negligence, shall BroadcastWisdom.com be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use the Site, including without limitation use of or reliance on information available on the Site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, unauthorized access to or alteration of your content, statements of conduct of any third party on the site, or any other matter relating to the Site and/or failure of performance. 11. Release and Indemnity: You hereby release and waive any and all claims and/or liability against BroadcastWisdom.com and its corporate sponsors arising from or in connection with your use of the Site. You also agree to defend, indemnify and hold harmless, BroadcastWisdom.com and its corporate sponsors from and against, any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Site that is inconsistent with these Terms of Use or failure to abide by applicable law. 12. Privacy Policy: Please review our Privacy Policy, which governs our gathering and use of information about you. The Privacy Policy is part of these Terms of Use and by accessing the Site, you accept our Privacy Policy. 13. Locations Outside the United States: BroadcastWisdom.com and its corporate sponsors make no representation that the contents of the Site are appropriate or authorized in locations other than the United States of America. Those who choose to access the Site from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws. Software from this site is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of any country to which the United States has restricted or controlled export; or to anyone forbidden by the government of the United States. 14. Governing Law: You agree that your use of the Site, these Terms of Use and any disputes relating thereto shall be governed in all respects by the laws of the State of Maine. Any dispute relating to these Terms of Use shall be resolved solely in the state or federal courts located in Portland, Maine. 15. Terms and Conditions for Use at SoundCloud: Please read the Terms and Conditions for Use at SoundCloud carefully before accessing their services. By accessing their services, you agree to be bound by their terms and conditions. 16. Modifications: BroadcastWisdom.com and its corporate sponsors may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online. Privacy Statement: BroadcastWisdom.com and its corporate sponsors are committed to protecting the private information of our website visitors. The Broadcast Wisdom website (the "Site") adheres to a strict policy for ensuring the privacy of Personally Identifiable Information and preserving the integrity of this online medium. Here we explain the type of information collected from the Site, how that information may be used, and how that information is protected. I. WHICH SITE IS COVERED BY THIS POLICY: This Privacy Policy applies to this Site. By using this Site, you agree to and accept the terms of this Privacy Policy. Please note that this Site may contain links to sponsor, or partnering organizations. We are not responsible for the privacy practices of those websites. We encourage you to review the privacy policy of any organization before submitting your personal information to them. II. WHAT INFORMATION DO WE GATHER: BroadcastWisdom.com and its corporate sponsors collect two types of information from visitors to the Site: (A) Personally Identifiable Information, and (B) Non-personally Identifiable Information (information such as IP addresses and cookies, which allow for a better use of the Site). Uses of this information are discussed in Section III below. A. YOUR PERSONAL IDENTITY: BroadcastWisdom.com and its corporate sponsors will not collect Personally Identifiable Information from you, other than what you supply to us on a voluntary basis upon request. Personally Identifiable Information includes, but is not limited to, name, address, email address, telephone number, and credit card information. Registration for the Site: The Site may at times require a free registration, which enables full access to the information and resources offered on the Site. A unique email address must be supplied to register. Paid products and services: While the majority of the Site is free or by donations, we may at times charge fees for select products and services. To enable the purchase of these and other products, we may collect your telephone number, email address, billing address and credit card information. Feedback and content submissions: At some point, on some pages of the Site, you may be able to submit content to be published. We may collect your name, address, and email addresses in connection with these activities. Your submission of others' Personally Identifiable Information: At some point, on some pages of the Site, you may submit information about other people. For example, you may submit a person's name and email address to send a link or article. Additionally, you may purchase a gift online and submit the person's name, address and telephone number for delivery. This information will only be used for the stated purpose. Special offers: On occasion, we may collect personal information from users in connection with optional (i.e., you opt-in to participate) special offers. Such information will be used as indicated at the time of collection. Listservs and email newsletters: On occasion, we may collect personal information from users in connection with optional (i.e. you opt-in to subscribe to these services) listservs and email newsletters. Such information will be used as indicated at the time of collection. B. Non-personally Identifiable Information: In addition to information that you provide to us, we may also collect and store certain Non-personally Identifiable Information automatically when you use the Site. This information helps us improve the experience you and other visitors have with the Site. For example, we may collect your IP address, browser information and reference site domain, as well as related information such as the date on which you visit the Site. This information does not identify you personally and is only used in the aggregate. As is common practice among websites, we use "cookies" and similar technologies. Cookies are text files which store your preferences. No personal information is ever stored by us in a cookie, even if you have entered your name or email address on other parts of the Site. You can generally prevent cookies from being used by changing the settings in your web browser, but please be aware that by doing so you may be unable to fully utilize the Site. III. HOW WE USE INFORMATION GATHERED ON THE SITE: Except as expressly set forth in our policies, we will not willfully disclose your Personally Identifiable Information to any non-affiliated third party without first receiving your permission. We will never sell, rent, or swap your Personally Identifiable Information with non-affiliated third parties for their own purposes. In terms of our own use of information, we and our affiliates may use your Personally Identifiable Information for the activities described in the previous sections, and for internal purposes and marketing, promotional and fundraising purposes in support of BroadcastWisdom.com and its corporate sponsors. We will typically explain the extent of use at the time you are asked to provide personal information. If you do not want this information to be collected or used by us for these purposes, you can simply "opt out." Under certain circumstances, opting out may prevent your participation in activities for which Personally Identifiable Information is needed. In certain cases, we may contract with other companies to provide services on our behalf. These service providers may maintain customer databases which may hold email addresses of Site users, including: " Site visitors who have provided them information by registering at the Site or signing up for a newsletter; " audience members who email questions about membership or programs; " donors who submit online contributions; or online buyers who make a purchase. We (including our service providers) will use these addresses in connection with the purposes for which we collected the information, to provide services and to operate the Site, including to respond to inquiries, to process credit card payments and billing, shipping, email distribution, list processing and analysis, promotions management, to send information about BroadcastWisdom.com and its corporate sponsors' services, membership or to correspond about a purchase or product offers. Our service providers have access to your Personally Identifiable Information as necessary to provide certain services on our behalf. They are required to maintain the privacy of all such information in their possession or control and can only use the information on our behalf for the purpose for which we have contracted them, for example processing your order or sending you a series newsletter. They are not authorized to use your information for any other purpose. We, or our service providers, may release Personally Identifiable Information if we believe in good faith that the law or legal process requires it, we have received a valid administrative request from a law enforcement agency, or such release is necessary to protect anyone's rights, property or safety. On certain pages, if we ever offer visitors the opportunity to provide comments or other user-generated content on blogs and articles, any information that you disclose when posting a message to these areas, along with the screen name or ID used, becomes public. In addition, the information that you disclose in these areas may be used by us for promotional and marketing purposes. We are not responsible for use by any person or entity of any Personally Identifiable Information that you choose to disclose in these public areas. We reserve the right to send you email. This includes order confirmations, renewal/expiration notices, notices of credit card problems, other transactional emails and notifications about our programs. If you have registered for online links or other services, you may receive email specific to your participation in those activities. If we every offer email newsletters and you no longer wish to receive a specific newsletter, you may opt out by following the "unsubscribe" instructions located near the bottom of each newsletter. We use Non-personally Identifiable Information, such as IP addresses or demographic information (zip codes for example) to tailor the Site to the interests/locations of our users and to measure traffic within the Site. BroadcastWisdom.com and its corporate sponsors use the content from cookies to deliver relevant local resources, remember browser preferences, and improve our visitors' experiences on the Site. BroadcastWisdom.com does not sell information collected by cookies nor use the information for commerce-related purposes. In addition, BroadcastWisdom.com will not filter content based on your preferences without permission. BroadcastWisdom.com uses cookies at the following times: " If you watch a video clip or listen to an audio clip on the Site, a cookie may remember certain preferences. " A cookie will tell us which pages you visit and the amount of time between each page visit. The cookie does not remember any information about you or your computer; it just helps us at BroadcastWisdom.com to monitor Site usage and traffic; for example, it allows us to measure the number of repeat visitors to the Site in a given month. This data is only used in the aggregate. IV. EMAIL ADDRESSES: In certain cases, such as where a user provides an email address in order to receive an email from BroadcastWisdom.com and its corporate sponsors about an upcoming program or event, Personally Identifiable Information that is collected from the Site is only temporarily retained. If at any time, you prefer not to receive email from a service that you subscribed to, simply unsubscribe by following the unsubscribe instructions at the bottom of each email. V. HOW IS MY INFORMATION PROTECTED: BroadcastWisdom.com and its corporate sponsors are committed to ensuring the security of the data provided to us by Site users. To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information, we have put in place appropriate physical, electronic and managerial procedures to protect the information we collect online. VI. CHILDREN'S GUIDELINES: This Privacy Policy applies to all adults and children who have reached their 13th birthday. BroadcastWisdom.com and its corporate sponsors do not knowingly permit children under the age of 13 to use the Site and does not knowingly collect or store Personally Identifiable Information from anyone under the age of 13. VII. ACCEPTANCE OF OUR TERMS AND CONDITIONS: By using this Site, you signify your agreement to the terms and condition of this BroadcastWisdom.com Privacy Policy. If you do not agree to the terms and conditions, please do not use the Site. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for any changes. Your continued use of the Site following the posting of any changes to these terms shall signify your acceptance of those changes. If you have any questions or concerns, please contact us. VIII. TERMS OF USE: Please also make sure to read BroadcastWisdom.com and its corporate sponsors' Terms of Use to understand the additional terms and conditions which apply to your use of the Site. The Privacy Policy for this Site was posted on or about April 18th, 2014.