Terms of Service

Last updated: April 4, 2024

These Terms of Use ("Terms") apply to your access to and use of the digital platforms, including this website, our mobile applications, (collectively, the “Services”) provided by Pacific Public Media, a Washington nonprofit corporation doing business as KNKX and all of its affiliated entities, business units, trade names, and DBAs including, without limitation, Jazz24 (collectively, “KNKX,” “we” or “us”).

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS AND POLICIES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE THE SERVICES.

Restriction on Use of the Services

Age Restrictions

You must be at least eighteen (18) years of age, be an emancipated minor, or, if over the age of thirteen (13), have the permission of your parent(s) or legal guardian(s), to register for certain features of the Services; submit any User Content (defined below) or personally-identifying information on or through the Services; participate in any contests via the Services; or engage in any financial transactions and/or make a donation through the Services. If you are under 13 years of age, please do not send any personally-identifiable information about yourself, including your name or contact information. If we discover that we have collected any personally-identifiable information from a child under the age of 13, we will remove that information from our database as soon as possible.

Personal Use Only

The Services may only be used for personal, non-commercial purposes. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any content from or part of the Services for commercial purposes or otherwise use such content in a manner that is inconsistent with these Terms. Without limiting the foregoing, you may not remove, copy, alter, reproduce, modify, create derivative works of republish, post, publicly perform, publicly display, broadcast, download, transmit, distribute, license or commercially exploit, in whole or in part, the Services, except as expressly permitted by these Terms. You may only copy and download such content as is designated in the Services as downloadable and you acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Security. By accepting these Terms, you agree that you shall not:

Circumvent, disable or otherwise interfere with any security-related features of the Services;
Reverse-engineer or otherwise jeopardize the functionality of the Services;
Attempt to gain access to any portions of the Services to which you do not possess access rights.;
Collect or harvest any personally-identifiable information from the Services;
Use any communications systems included in the Services (such as forums, comments, or surveys) for any advertising, promotion or solicitation purposes of any kind;
Use the Services to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, or soliciting support for legislative or other initiatives.

User Content

The Services may contain features such community calendars, comments sections, forums, or other interactive features (“Interactive Features”) which may contain user-generated content (“User Content”). You are solely responsible for your use of any Interactive Features and you use them at your own risk. We do not guarantee the confidentiality of any User Content. You acknowledge that User Content may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by KNKX staff and by the general public. You acknowledge that any communication features contained in the Services are for public and not private communications.

You shall be solely responsible for your own User Content and the consequences of the posting, publishing or otherwise distributing thereof. By submitting your User Content, you represent, and warrant that:

You own or have the necessary licenses, rights, consents, and permissions to upload, use and authorize us to use the User Content, including all patent, trademark, trade secret, copyright or other proprietary rights, including privacy and publicity rights, in and to any and all User Content to enable inclusion, distribution and use of the User Content in the manner contemplated by the Services and these terms;
You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution and use of the User Content in the manner contemplated by the Services and these Terms;
The User Content does not in any way violate any laws, rules or regulations, and that the User Content is not in any way derogatory, abusive, defamatory, invasive of privacy or publicity rights, harmful to minors, profane, obscene, offensive, pornographic, threatening, harassing, violent, racist, or hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability;
The User Content is not an endorsement, express or implied, of any party, product, or other entity and
You have not received payment or consideration of any kind for submitting the User Content.

You Acknowledge that when using the Services, you may be exposed to User Content such as videos, photos, textual content or other materials or items submitted by you and other users, and that KNKX is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. While we expect all users to adhere to these Terms, you acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive, any legal or equitable rights or remedies you have or may have against KNKX and/or its affiliates with respect thereto, and agree to defend, indemnify and hold KNKX and/or its affiliates, and their respective owners, members, officers, directors, and employees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.By submitting User Content to KNKX, you hereby waive any and all moral rights in connection with the User Content and you automatically grant it and its licensees, a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, sub-license, modify, create derivative works of, publish, transfer, transmit, publicly display, publicly perform, host, index, cache, tag, encode, and/or adapt the User Content in any and all media formats and channels, including, but not limited to, the Services, and over the air, without payment and without further consent or notice to you. You further hereby grant each user of the Site a non-exclusive license to access your User Content through the Services as permitted through the functionality of the Services and under these Terms. You also agree that you will not upload content, or distribute anything that violates these terms. KNKX may in its sole discretion terminate your access to the Services for uploading material in violation of these Terms, at any time, and without prior notice.

KNKX does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. Opinions expressed through the Services are not to be construed as assertions of fact.

Intellectual Property

Webcasts and Podcasts

KNKX is the copyright owner of or an authorized licensee for all webcasts and podcasts (including all compositions and sound recordings contained therein), whether simulcast or archived, distributed through the Services. You may stream the webcasts and podcasts from the Services for your personal, non-commercial use only. The webcasts, podcasts, or any song contained therein, may not be copied, reproduced, distributed, republished, downloaded, displayed, publicly performed, posted or transmitted in any form or by any means, including without limitation the transferring or downloading of a webcast or any portion thereof to a computer hard drive or other storage medium.

Links

The Services may contain links to Internet sites, applications and services maintained by third parties, over which KNKX has no control. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this site, or other sites linking to this site. We do not control the linked sites and we are not responsible for their content. We provide such links only as a convenience, and such links do not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. You acknowledge that, upon leaving the Services through a link to a third party site or platform, you are aware that our terms and policies no longer govern, and, therefore, you should review the terms, policies, and privacy practices of that site. You may not use our logo or other proprietary graphic or trademark to link to the Services without our express written permission, which we may revoke at any time.

Trademarks Notice

KNKX, our logo, custom graphic used in the Services, and the products and services described in the Services, are either trademarks, service marks or registered trademarks of KNKX or its licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and KNKX names or logos mentioned herein are the property of their respective owners.

All copyrighted and copyrightable materials contained in the Services including, without limitation, the KNKX logo, design, text, images, software, illustrations, artwork, high resolution photography, playlists, webcasts, podcasts, sound files, and other files, and the selection and arrangement thereof ("Materials") are and will remain the exclusive property of KNKX (or its licensors), all rights reserved. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of us and any third party copyright owner.

You are granted a limited, non-sublicensable right to access this site and print the Materials for your personal, non-commercial, and informational use only. Such grant does NOT include the right to:

Copy, publish, display, publicly perform, or distribute any Materials;
Resell or make commercial use of the site or the Materials;
Make derivative uses of the Services or the Materials;
Systematically collect or use any data or content, including the use of any data mining, robots, or similar data gathering and extraction methods;
Use, frame or utilize framing techniques to enclose any KNKX trademark, logo or other proprietary information contained within the Services; or
Use any meta tags or hidden text including a KNKX name, trademark, or product name.

Except for the limited license granted to you, you are not conveyed any other right or license, expressly or otherwise, in or under any patent, trademark, copyright, or proprietary right of KNKX or any third party. Any unauthorized use of this site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws, and communications laws and regulations.Copyright Agent

If you believe that any content in the Services in any way infringes on your copyrights, please provide the following information in writing to our Copyright Agent pursuant to the Digital Millennium Copyright Act (“DMCA”) section 17 USC 512 (c) (3). According to Section 512 (c)(3)(a), any copyright infringement notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
A description of the copyrighted work that you claim has been infringed.
A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
Information so that we can contact you, such as address, telephone number and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Our Copyright Agent can be reached as follows:Director of Content

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding these Terms of Use, please contact info@knkx.org.

Miscellaneous

Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

Revisions

We reserve the right to change or modify any of the terms and conditions contained in these Terms, at any time and in our sole discretion. Any changes or modification will be effective upon posting of the revisions. Your continued use of the Services following the posting of such revisions will constitute your acceptance of the changes or modifications reflected in the revision. Therefore, we encourage you to frequently review these Terms to understand the terms and conditions that apply to your use of the Services.

We may make changes to these Terms from time to time, in our sole discretion. We will provide notice of such changes, such as by updating the date at the top of these Terms. The revised Terms will be effective immediately upon posting. Your continued use of the Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

Contact
If you have any questions about these Terms or our Services, please contact us at info@knkx.org.

Termination

Notwithstanding anything else in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent future access to and use of the Services.

Disclaimer of Warranties

THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH, THE SERVICES IS ACCESSED AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SERVICES. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SERVICES IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE SERVER(S) HOSTING THE SAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SERVICES AND 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.

Limitation of Liability

IN NO EVENT SHALL KNKX BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR THE MATERIALS.

Release and Indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST KNKX ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, KNKX FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEY FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR FAILURE TO ABIDE BY APPLICABLE LAW.

Applicable Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, USA without resort to its conflict of law provisions. A dispute related to your use of the site shall be brought exclusively in the state or federal courts located in Pierce County, Washington.

Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions of these Terms and shall not affect the validity and enforceability of such remaining provisions.

Entire Agreement

These Terms constitute the entire agreement between you and KNKX and govern your use of the Services, superseding any prior version of these Terms between you and KNKX with respect to the Services.

Reservation of Rights

KNKX reserves all rights not expressly granted herein to the Services and any content made a part thereof or included therein.