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Terms of Service

Introduction; Consent to Terms

Chicago Independent Radio Project, a non-profit, registered 501(C)(3) organization (“CHIRP”), has created this Terms of Use (the “Terms”) to provide you with information about how you may or may not use the CHIRP website located at www.chirpradio.org. Please read these Terms of Use before accessing http://www.chirpradio.org or any features of our website, including, but not limited to, the CHIRP Volunteer Site, the CHIRP Record Fair Site, CHIRP’s First Time Reading Series Site, CHIRP’s Record Store Day Event Site, the CHIRP Store, or CHIRP Podcasts (collectively, the “Website”). By using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please exit the Website.

Modification of Terms

We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms on the Website. Please check these Terms frequently for updates. Any modifications, additions or deletions to these Terms shall be effective immediately upon posting of updated Terms. Your continued use of the Website following the posting of updated Terms will mean that you agree to those changes.

Copyrights

The Website and all content made available through the Website are protected by U.S. and international copyright laws and are the intellectual property of CHIRP or its licensors. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material which is made available through Website without the prior written consent of CHIRP, except as provided in this section: (a) You may copy and print a limited amount of content for non-commercial use, (b) if you would like to link to articles or other publications available on the Website, you may copy up to three (3) paragraphs or 50% of the content, whichever is greater, then you must provide a link to the original Website page on the website where the publication is located, (c) CHIRP Podcasts (as defined below) are also protected and the extent of that protection is defined below, (d) all other rights to content made available on the Website are reserved to CHIRP or its licensors. 

Trademarks

CHIRP, Chicago Independent Radio Project, CHIRP program names, button icons, trade dress and any other logo or trademark located on the Website are the trademarks or registered trademarks of CHIRP or CHIRP’s sponsors. All rights are reserved to CHIRP or its sponsors. You may not use any of the trademarks, service marks, logos or graphics located at Website without the prior written consent of the applicable trademark owner.

Links to CHIRP Website

CHIRP encourages and permits links to content on the Website, provided such links conform to these Terms. However, because we are a registered 501(C)(3) nonprofit organization the linking should not: (a) suggest that CHIRP promotes or endorses any third party’s causes, ideas, websites, products or services, without CHIRP’s prior consent or (b) use CHIRP content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

CHIRP has provided links to Internet sites maintained by third parties, over which CHIRP has no control. CHIRP does not endorse the content, operators, products or services of such sites, and CHIRP is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. CHIRP 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.

CHIRP Podcasts

CHIRP may provide you with access to podcasts consisting of selected audio content from CHIRP and other content providers, which may be downloaded and played from a user's computer or transferred to a portable listening device (the “Podcasts”).  Podcasts are protected by U.S. and international copyright laws. All rights in and to the Podcasts are reserved to CHIRP or the content provider. Podcasts are made available to you for personal, noncommercial use only. You may download, copy and/or transfer a Podcast to a portable listening device the Podcasts for your personal, noncommercial use only, provided that you do not modify the content or make it publically available. You also may link to Podcasts from your website, blog or similar application, as long as the linking does not: (a) suggest that CHIRP promotes or endorses any third party's causes, ideas, websites, products or services, or (b) use CHIRP content for inappropriate commercial purposes. CHIRP 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. 

Use of the Website; Rules for Posting Content & General Use

When using the Website, You must abide by the following rules: (a) you may not post, upload or transmit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law or that constitutes hate speech, (b) you may only post, upload or transmit materials, including but not limited to photographs, artwork, or publications, for which you have the necessary rights to post, upload or transmit via the Website, (c) you are solely responsible for the content you submit; You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded, included or transmitted materials will be owned by you or in the public domain, (d) the Website may only be used for noncommercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services unless you have received prior authorization to do so from CHIRP, (e) you may not post, upload or transmit any software or other material which contains a virus or other harmful code or device, (f) you may not use the Website to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to others, (g) persons under the age of eighteen (18) MUST obtain parental permission before registering, uploading or transmitting material on or through the Website, (h) you are not allowed to mirror or frame the Website. 

You may be allowed to submit comments or otherwise interact with other users through the Website, the following are prohibited in connection with any interactive use of the Website, comments or interaction which (a) is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable, (b) advertises or promotes any product or service, (c) attempts to obtain personal information from any other user.

CHIRP reserves the right to edit and or remove posts deemed off-topic, abusive or not in conformance with CHIRP's Privacy Policy or Terms. CHIRP further reserves the right to deny a user from making further posts by blocking their registration and access to the Website, should the user show repeated disregard for these Terms.

CHIRP advises you to not reveal any personal information about yourself or anyone else (for example: telephone number, address, or email address or any other details) that would allow you to be personally identified.

Views expressed by users on the Website are theirs and unless specifically stated, are not those of CHIRP. CHIRP is not responsible for any content posted from third party websites linked to or mirrored on the Website. Links posted to the Website do not imply any endorsement of that site by CHIRP. Any use of that site by you is at your own risk.

Your Content; Grant of Rights to CHIRP

By posting, uploading or transmitting any content or material on or through the Website, you hereby grant CHIRP a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform or display the content or material, and your name and location (city, state and/or country), if you provide that information to us, in connection with that content or material, in all media, whether or not now known.  

The foregoing also apply to writings submitted to CHIRP’s First Time Reading Series. CHIRP will post the writings submitted by users, provided the publication does not violate any of the aforementioned rules. By submitting a writing to the First Time Reading Series, you acknowledge and agree that CHIRP shall be the licensee of said writing, having all the rights specified above. As licensee, CHIRP reserves the right to repost any submissions in any area of the Websites, and may do so at its discretion, and in addition may use your name, likeness and writing in the promotion of the First Time Reading Series.

Disclaimer

THE WEBSITE AND ANY PRODUCTS SOLD ON OR THROUGH THE WEBSITE 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. CHIRP DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES CHIRP MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE WEBSITE OR THROUGH LINKS ON THE WEBSITE. USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. 

LIMITATION OF LIABILITY

IN NO EVENT WILL CHIRP, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SUPPLIERS, LICENSORS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE TO YOU IN ANY AMOUNT FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE WEBSITE.

Indemnification

You agree to defend, indemnify and hold harmless CHIRP, its affiliate and its respective officers, directors, principals, employees, contractors, sponsors, agents and affiliates harmless from and against any and all demands, claims, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising or resulting from your use or misuse of the Websites (or any associated services), or materials, comments or content you submit.

Digital Millennium Copyright Act; Copyright Agent

CHIRP respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us via email at CHIRP@chirpradio.org and send us a proper Digital Millennium Copyright Act (“DMCA”) takedown notice. Upon determination that your DMCA takedown notice has been properly executed we will remove the specified infringing content.

When sending your DMCA takedown notice for copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright you allege to be infringed.
  2. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an e-mail address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
  6. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and 
  7. Designated agent for notification of claimed copyright infringement

If you wish to send your DMCA takedown notice by mail, please send it to: CHIRP Radio, 4045 N. Rockwell, Chicago, IL 60618

International Users

The Website is controlled and operated in Chicago, Illinois, United States. CHIRP makes no representation that content, materials or products available on or through the Website are appropriate or available for use outside of the United States. If you access the Website from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

Miscellaneous

These terms of use shall be governed by and construed under State of Illinois 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 Website shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Illinois. A modification or waiver of a part of these Terms shall not constitute a waiver or modification of any other portion of the Terms. If for any reason any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms will continue in full force and effect. 

Questions

If you have any questions about the terms of use, please contact us.