W T F B
WTFB
RADIO .COM
WTFB Radio .com respects the intellectual property rights and other proprietary rights of others. WTFB Radio may, in appropriate circumstances and at its discretion, remove certain content or disable access to content that appears to infringe the copyright or other intellectual property rights of others. If you believe that your copyright has been violated by material available through
WTFB Radio .com, please provide WTFB Radio .com Copyright Agent with the following information:
* Identification of the copyrighted work that you claim has been infringed;
* An exact description of where the material about which you complain is located within WTFB Radio .com
collections;
* Your address, telephone number, and email address;
* 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;
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner;
* Your electronic or physical signature.
WTFB Radio .com uses the exclusion policy intended for use by both academic and non-academic digital repositories and
archivists which are broadcasted. See our full exclusion policy.
Terms of Use
WTFB Radio .com's Terms of Use, Privacy Policy, and Copyright Policy
Terms of Use 1 August 2009. This terms of use agreement (the "Agreement") governs your use of the Web pages and
other digital content available through WTFB Radio .com. When accessing any
content, you automatically without exception agree with the terms of use agreement. If you do not agree to these terms, please do not use WTFB Radio .com Web site (the "Site").
Access to the Archive€™s of WTFB Radio .com is provided at no cost to you and is granted for scholarship
and/or research purposes and/or legal personal use only. No other access to or use of the Site, or the Archive's is authorized. You agree not to interfere with the work of other users or WTFB Radio .com
personnel, servers, or resources. Further, you agree not to recirculate
content to other people or organizations or to copy offsite any part of the
site's content without written permission. You acknowledge that you have read and understood the
Archive™ Privacy Policy and agree that WTFB Radio .com
may collect, use, and distribute information pursuant to that policy. If you provide any content to WTFB Radio .com, you grant WTFB Radio .com
a nonexclusive, royalty-free right to use that content.
Some of the content available through the site may be governed by local, national, and/or international laws and regulations, and your use of such content is solely at your own risk. You agree to abide by all applicable laws and regulations, including intellectual property laws, in connection with your use of WTFB Radio .com. In particular, you certify that your use of any part of WTFB Radio .com
will be noncommercial and will be limited to noninfringing or fair use under copyright law. In using the site,
podcasts, and/or services, you further agree (a) not to violate anyone's rights of privacy, (b) not to act in any way that might give rise to civil or criminal liability, (c) not to use or attempt to use another person's password, (d) not to collect or store personal data about anyone, (e) not to infringe any copyright, trademark, patent, or other proprietary rights of any person, (f) not to transmit or facilitate the transmission of unsolicited email
("spam"), (g) not to harass, threaten, or otherwise annoy anyone, and (h) not to act in any way that might be harmful to minors, including, without limitation, transmitting or facilitating the transmission of child pornography, which is prohibited by federal law and may be reported to the authorities should it be discovered by WTFB Radio .com.
You agree that we may contact you from time to time with surveys or other questions regarding your opinions about and uses of WTFB Radio .com, as well as with information we believe may be of interest to you. We encourage you to respond to these surveys because we value your input, which will assist us in improving the Archive. In addition, we request that, according to standard academic practice, if you use the WTFB Radio .com
for any research that results in an article, a book, or other publication, you list WTFB Radio .com
as a resource in your bibliography.
While we collect publicly available Internet documents, audio, and/or video sometimes authors and publishers express a desire for their documents not to be included in the Collections (by tagging a file for robot exclusion or by contacting us or the original crawler group). If the author or publisher of some part of the Archive does not want his or her work
i or on WTFB Radio .com, then we may remove that portion of the content without notice. WTFB Radio .com
may immediately terminate this Agreement at its sole discretion at any time upon written notice (including via email) to you.
WTFB Radio .com may modify this Agreement from time to time, and your continued use of the WTFB Radio .com
constitutes your acceptance of any and all modifications. WTFB Radio .com will attempt to notify you of substantial modifications via the email address
providing we have the information to do so, if any.
Because the content of WTFB Radio .com comes from around the world and from many different sectors, WTFB Radio .com
may contain information that might be deemed offensive, disturbing, pornographic, racist, sexist, bizarre, misleading, fraudulent, or otherwise objectionable. WTFB Radio .com
does not endorse or sponsor any such content, nor does it guarantee or warrant that the content available is accurate, complete,
noninfringing, or legally accessible in your jurisdiction, and you agree that you are solely responsible for abiding by all laws and regulations that may be applicable to the viewing of the content. In addition, WTFB Radio .com
are provided to you on an as-is and as-available basis. You agree that your use of the Site
is at your sole risk. You understand and agree that WTFB Radio .com makes no warranty or representation regarding the accuracy, currency, completeness, reliability, or usefulness of the content, that the Site or the Collections will meet your requirements, that access to the
site will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. We make no warranty of any kind, either express or implied.
You agree to indemnify and hold harmless WTFB Radio .com and its parents, subsidiaries, affiliates, agents, officers, directors, and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys™ fees) arising from your use of the
site and/or services. You agree that this Agreement is governed by Florida law and that any suit arising from this Agreement will be brought in San Francisco, California, and you further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to the
Florida Code of Civil Procedure. In addition, you agree that should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.
Under no circumstances, including, without limitation, negligence, shall WTFB Radio .com
or its parents, affiliate, officers, employees, or agents be responsible for any indirect, incidental, special, or consequential damages arising from or in connection with the use of or the inability to use the Site or the Collections, or any content contained on the Site or in WTFB Radio .com, or resulting from unauthorized access to
the site or your transmissions of data, including, without limitation, damages for loss of profits, use, data, or other intangibles, even if WTFB Radio .com
has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so some of the above may not apply to you.
This Agreement, the Privacy Policy, and other policies posted on the Site constitute the full and complete agreement between you and WTFB Radio .com
and are not intended to inure to third-party beneficiaries.
We welcome your input. Please contact us with any comments or questions at info@WTFBRadio.com.
Privacy Policy 1 August 2009 WTFB Radio .com is committed to making its constantly growing collection of Web pages and other forms of digital content freely available to researchers, historians, scholars, and others for purposes of benefit to the public. While WTFB Radio .com
endeavors to enforce its Terms of Use (see link at the bottom of every
webpage) and maintain standard computer security, it is important for both those who visit the site ("Visitors") and Researchers (collectively, "Users") to be aware of the open nature of WTFB Radio .com. WTFB Radio .com
may make changes to this policy from time to time and will notify you of such changes by posting an updated date in the Terms, Privacy, and Copyright link at the bottom the home page of the WTFB Radio .com
Web site (the "Site"). Your continued use of the Site and/or the Collections constitutes your acceptance of any changes to the Privacy Policy concerning, but not limited to, both previously and prospectively collected information.
The Archive may use "cookies" to track Users' activities on the Site and in the Collections. Cookies are small files that a server transfers to the hard drive of someone who visits a site and that the server can access when the person returns to the site.
The primary sources of content for the Collections are publicly accessible Web pages that were collected and donated by third parties, but WTFB Radio .com
will expand on such sources through its own collection activities. For instructions on removing a particular set of pages currently included in the Collections, please see our policies and procedures for page removal.
The communications between you and WTFB Radio .com may pass through many machines, operating systems, programs, browsers, Web servers, networks, routers, Ethernet switches, Internet service providers, proxy servers, intranets, the public phone system, or other devices (collectively, "Devices") on your premises, at the Archive, and in between. Some of these Devices create logs of activities that are recorded on computer systems. WTFB Radio .com
has no present intention to charge for access to the Collections. WTFB Radio .com
may transfer the information on its machines, including personally identifying information, into the Collections. The
contents are made available to researchers and may be made available on the Site, or provided to third parties, for any use, without limitation. For instance, parts of the Collections are now in the collections of the Library of Congress and the Smithsonian Institution.
Advances in data mining technology may make it possible to discover more personally identifiable information or profiles in the Collections. WTFB Radio .com
may disclose any information it collects from Users if tWTFB Radio .com believes in good faith that such action is reasonably necessary to enforce its Terms of Use or other policies, to comply with the law, to comply with legal process, to operate its systems properly, or to protect the rights or property of itself, its Users, or others.
It is possible that the computers at WTFB Radio .com could become compromised by others and that the information on WTFB Radio
.com™ computers could be collected and disseminated without the knowledge or consent of WTFB Radio .com. While WTFB Radio .com
endeavors to block "crackers" from breaking into its machines, WTFB Radio .com
is not responsible or liable for any such unauthorized uses of the Archives
and/or content and/or its data.
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU
ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE
PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS
FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE
TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY
BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL
THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS
WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU
ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR
INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE
SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD
ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR
ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A
CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND
INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN
AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS
WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers,
collectively referred to herein as "Visitors," are parties
to this agreement. The website and its owners and/or operators are parties
to this agreement, herein referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website
to the contrary, visitors, viewers, subscribers, members, affiliates, or
customers have no right to use this information in a commercial or public
setting; they have no right to broadcast it, copy it, save it, print it,
sell it, or publish any portions of the content of this website. By viewing
the contents of this website you agree this condition of viewing and you
acknowledge that any unauthorized use is unlawful and may subject you to
civil or criminal penalties. Again, Visitor has no rights whatsoever to use
the content of, or portions thereof, including its databases, invisible
pages, linked pages, underlying code, or other intellectual property the
site may contain, for any reason for any use whatsoever. Nothing. Visitor
agrees to liquidated damages in the amount of U.S.$100,000 in addition to
costs and actual damages for breach of this provision. Visitor warrants that
he or she understands that accepting this provision is a condition of
viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS
WEBSITE
The website and its contents are owned or licensed by the website. Material
contained on the website must be presumed to be proprietary and copyrighted.
Visitors have no rights whatsoever in the site content. Use of website
content for any reason is unlawful unless it is done with express contract
or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING
SITE PROHIBITED
You are expressly authorized by website, to hyperlink to this site, or
portions thereof, from yours. You may 'frame' the site, unless you do so in
order to give the appearance that you own or control this site or to deceive
others. You specifically agree to cooperate with the Website to remove or
de-activate any such activities on request by Website. You specifically
agree to be liable for all damages if you do not comply with such request
within 48 hours. You hereby agree to liquidated damages of US$100,000.00
plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of
this website. Visitors assume all the risk of viewing, reading, using, or
relying upon this information. Unless you have otherwise formed an express
contract to the contrary with the website, you have no right to rely on any
information contained herein as accurate. The website makes no such
warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING
WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES,
WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of
the visitor or any person the visitor subsequently communicates with from
corrupting code or data that is inadvertently passed to the visitor's
computer. Again, visitor views and interacts with this site, or banners or
pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes
no warranty that downloads are free of corrupting computer codes, including,
but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including
banners, advertising, or pop-ups, downloads, and as a condition of the
website to allow his lawful viewing, Visitor forever waives all right to
claims of damage of any and all description based on any causal factor
resulting in any possible harm, no matter how heinous or extensive, whether
physical or emotional, foreseeable or unforeseeable, whether personal or
business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website is
required to pay for, the Visitor, as a condition of viewing, promises to
reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between
Visitor and Website is deemed a submission. All submissions, including
portions thereof, graphics contained thereon, or any of the content of the
submission, shall become the exclusive property of the Website and may be
used, without further permission, for commercial use without additional
consideration of any kind. Visitor agrees to only communicate that
information to the Website, which it wishes to forever allow the Website to
use in any manner as it sees fit. "Submissions" is also a
provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor
expressly warrants an understanding that the right to notice is waived as a
condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or
interacting with this website, Visitor agrees to use binding arbitration for
any claim, dispute, or controversy ("CLAIM") of any kind (whether
in contract, tort or otherwise) arising out of or relating to this purchase,
this product, including solicitation issues, privacy issues, and terms of
use issues.
Arbitration shall be conducted pursuant to the rules of the American
Arbitration Association which are in effect on the date a dispute is
submitted to the American Arbitration Association. Information about the
American Arbitration Association, its rules, and its forms are available
from the American Arbitration Association, 335 Madison Avenue, Floor 10, New
York, New York, 10017-4605. Hearing will take place in the city or county of
the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have
the right to go to court or have a jury trial. Viewer, visitor, member,
subscriber or customer will not have the right to engage in pre-trial
discovery except as provided in the rules; you will not have the right to
participate as a representative or member of any class of claimants
pertaining to any claim subject to arbitration; the arbitrator's decision
will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all
costs associated with the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of
law, pre- or post-arbitration, Viewer, visitor, member, subscriber or
customer agrees to that the sole and proper jurisdiction to be the state and
city declared in the contact information of the web owner unless otherwise
here specified. Sacramento, Sacramento County, California. In the event that
litigation is in a federal court, the proper court shall be the closest
federal court to the Seller's address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable
law to be applied shall, in all cases, be that of the state of the Seller.