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Fresh Air Archive: Terms of Use

Introduction/Consent to Terms

The following rules govern your use of freshairachive.org (the “Website”).  (Freshairarchive.org is a product of WHYY, Inc. (“WHYY”), producer of Fresh Air with Terry Gross.) By using the Website, you specifically agree to abide by these Terms of Use and the freshairarchive.org Privacy Policy. We reserve the right to modify, add or delete portions of these Terms at any time by posting updated Terms of Use and/or an updated Privacy Policy. Any such modifications, additions or deletions will be effective immediately upon posting, and your continued use of the Website will mean that you agree to those changes.

Copyrights

The contents of the Website are protected by U.S. and international copyright law and are owned by or licensed to us. 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 Website without our prior written consent, except as elsewhere provided herein. All rights not expressly granted in these Terms of Use are reserved to us. You may only use the Website content for your personal, non-commercial use, 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 we promote or endorse your, or any third party’s, causes, ideas, websites, 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. No quotes from any material on the Website may be used in any media without attribution to us.  Any use of Website content other than as described herein requires our prior written permission. For permission requests, please go to the “Contact Us” page of fresharchive.org. 

Trademarks

The freshairarchive.org and Fresh Air with Terry Gross names and logos belong to us. You may not use any of the service marks, logos or graphics, without our prior written consent.

Framing

We do not allow framing of the Website.

Links to the Website

We encourage and permit links to content on the Website. However, we are committed to the highest journalistic standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that freshairarchive.org promotes or endorses any third party’s causes, ideas, websites, products or services, or (b) use our content for inappropriate commercial purposes or in any way that is unlawful or harmful to us or any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

We have provided links to internet sites maintained by third parties, over which we have no control. We do not endorse the content, operators, products or services of such sites, and are not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. We are not 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.

Use of Third Party Services

In some cases, we provide features on the Website through tools provided by a third party over which we have no control, influence or oversight. You should only use these third party tools if you agree to be bound by their respective terms of use.

Audio Player

We offer an audio player for accessing audio content on the Website (the “Audio Player”). Any use of the Audio Player, or of any content contained within, other than listening to the audio through the Website, requires our prior written permission. For permission requests, please go to the “Contact Us” page of freshairarchive.org. We reserve the right to require that you cease accessing or using the Audio Player, or any content contained in the Audio Player, at any time for any reason.

Disclosure of Online Communications

You are cautioned that any online communications on the Website may not be fully confidential or otherwise remain private. Despite privacy settings and other controls, anything that is sent on the internet is public. In addition, you should be aware that federal postal regulations do not protect electronic mail. We will make our best efforts to safeguard your privacy and will only knowingly disclose any such information if required to do so as a result of a legal proceeding.

Rogue Programming and Viruses

We are not responsible for any computer virus, trojan horse, timebomb, worm, or any other rogue programming (“Rogue Programming”) that may be contained in any of the information or software contained on the Website. We have 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 Website 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. You agree not to post, transmit, or make available in any way through the Website any software or other materials that contain Rogue Programming.

Rules for Use of the Service

By using any features of the Website, you agree to the following rules:

You must be at least 18 years of age to participate in any features of the Website. If you are under the age of 18, you may browse the Website  with the consent of your parent(s) or guardian(s). You may not interfere with or disrupt the integrity or performance of the Website, or any portion or contents thereof, or use the Website in any way which degrades its reliability, speed or operation, or its underlying hardware or software. In addition, you may not attempt to gain unauthorized access to the Website or related systems or networks.

By using the Website, you agree to abide by these rules. You acknowledge that we have the right, but not the obligation, to review, screen, delete, edit or move content or material that we deem, in our sole discretion, to be in violation of these Terms of Use and/or the Privacy Policy, or for any other reason, at our sole discretion. You further acknowledge that we have the right to limit or terminate your, or any other person’s, access to the Website for any reason, in our sole discretion, including violation of these Terms of Use.

Representations; Indemnity

You represent and warrant that you are at least 18 years of age, and (b) your use of the Website complies with these Terms of Use. You agree that you will indemnify and hold us, our directors, officers, employees, members, and licensees harmless from any and all claims, liabilities, costs or expenses, including reasonable attorney’s fees, arising from (1) your breach of any of the above representations and warranties, and (2) your use of the Website. 

Disclaimer

The Website and any of its content, materials, or features 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. We do not warrant that the Website will be uninterrupted or error-free, nor do we make any warranties as to the results that may be obtained from use of the Website or endorse, recommend, or make any warranties as to the accuracy, reliability or content of, any content, information, materials, features, service, 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.

Content on the Website is not intended to substitute for professional advice of any kind. In particular, nothing contained on the Website 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 freshairarchive.org.

Limitation of Liability

In no event will we, our directors, officers, employees, and/or members be liable (a) for any indirect, consequential, special, incidental or punitive damages, arising out of the use or inability to use the Website, including without limitation use of or reliance on information available on the Website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance, (b) relating to any content on the Website, or (c) in connection with the defamatory, infringing, offensive or illegal conduct of any third party. In no event will we, our directors, officers, employees, and/or members be liable for any amount in excess of $100.

Right to Change the Website

We have the right to change the freshairarchive.org Website, terminate or cease providing the Website, or delete content, materials or features in any way, at any time or for any reason or no reason.

International Users

The Service is controlled and operated within the United States. We make no representation that content or materials 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 local laws regarding online conduct and content and United States export laws and regulations.

Privacy Policy

Our online Privacy Policy provides additional terms and conditions that apply to your use of the Website.

**If you do not agree to these Terms of Use, please do not use freshairarchive.org.**

July 2019

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