(Click here for SITE TERMS)
(Last Updated: August 2002)
INFORMATION ABOUT YOU
We collect two basic types of information from our Site; namely, personal information and aggregate information. Personal information is information that is directly associated with a specific person, such as your name, address, telephone number, billing information, or e-mail address, or information about activities that are directly linked to a specific person.
Our definition of personal information does not include "aggregate" information. Aggregate information is data we collect about a group or category of users from which individual identities have been removed. Aggregate data may include anonymous demographic information such as country of origin, citizenship, ZIP code, age, gender, preferences, submission and survey information. In other words, how you use our Site may be collected and combined with information about how others use the Site, but no personal information will be included in the resulting data. Aggregate data helps us understand trends and user needs so that we can better consider new services or tailor our existing offering to user desires. An example of aggregate data is a report that shows how frequently and how long a webcast has been accessed. The report would not contain any personal information, but the aggregate data might be purchased by or shared with a third party such as one of our licensors.
Here are the types of personal and other information we collect. You should refer to the rest of this Policy to see how we use, disclose and protect this information:
- Information You Give Us: We collect information you give us when you register for or use our Service, or post information on the Site. Examples include the following:
- Donation/Purchase Information. When you make a donation on our Site, we may collect various kinds of information about you, including your name, e-mail address, credit card information, your employer, home and business addresses, and home and business phone numbers. In the event that KEXP offers products for sale online, when you make purchases from the Site, we may collect purchasing information such as product orders and shipping address(es), and payment information.
- Submissions. From time-to-time we may post surveys on the Site. The surveys may request demographic information and customer feedback. Participation in these requests is completely voluntary and with each request you will have the choice of whether or not to participate and disclose information. Such survey information will be used to improve the overall experience on our Site. Also, we may collect information that identifies you personally when you submit comments, questions or suggestions to our customer service department.
- Public Forums. KEXP may offer online chat rooms, discussion boards, online forums and other interactive technologies that allow individual comments and messages to be tied to a user's name or e-mail address. Any information you post in such forums is public information. We cannot control what uses third parties may make of personal information you share in such forums.
- Automatically Collected Information: We automatically receive certain types of information whenever you interact with us. For example, when you visit the Site, our systems automatically collect your IP address and the type of browser you use. Information may be automatically collected through the use of "cookies" which are discussed in more detail below. We also collect various types of "clickstream" information which is information about your browsing behavior, such as IP address information, entry and exit points for the Site, webcasts or playlists accessed, and page views and impressions.
We do not knowingly, directly or passively, collect information from children under the age of 13. If we create offers and products that make it appropriate to collect information from children under the age of 13, we will notify you of the change in this Policy. We also will ask a parent to confirm his/her consent in advance of any collection, use or disclosure of that information.
Use of "Cookies"
Most browsers automatically accept cookies as the default setting. You should be able to modify the setting of your browser to reject cookies or to prompt you before accepting a cookie from the sites you visit by editing browser options. If you decide not to accept our cookies, you will still be able to access those parts of our site available to the general public, but you may not be able to use some of the site's features or services and you may have a less satisfactory experience.
As technology advances and cookies provide more functionality, we expect to utilize them in different offerings in different ways. As we do so, this Policy will be updated to provide you with more information.
USE OF PERSONAL INFORMATION
Internal Use of Personal Information.
In general, we use personal information internally to serve our users and to enhance and extend our relationship with our users. For example, by understanding how you use the Site from your computer, we are able to customize and personalize your experience. More specifically, we use personal information for donation purposes, to complete transactions you have requested, to anticipate and resolve problems with our Site, to respond to customer support inquiries, and to create and inform you of new products or services from KEXP or others that better meet your needs. You should review the following section to understand when we disclose personal information to third parties.
Disclosure of Personal Information.
We disclose personal information when we have your consent to do so, as necessary to complete a transaction you have requested, for marketing purposes (unless you have chosen not to receive such communications, in certain business transactions), when required by law, or when permitted to protect our rights or property. The following section describes these disclosure circumstances more fully.
- Your Consent. We will disclose personal information with your consent, which we may obtain in writing, verbally, through online means or as part of a separate agreement. If new services are offered in the future that require disclosure of personal information to third parties or other uses of personal information not covered in this Policy, we will update this Policy to reflect the changes.
- Transaction Processing. We disclose personal information to third parties as necessary to complete a transaction you have requested (such as donations) or to perform a service on our behalf. When a third party acts solely on our behalf, we will require it to follow our privacy practices.
- Internal Analysis. We may use information about you for our own internal statistical, design or operational purposes, such as to estimate our audience size, measure aggregate traffic patterns, and understand demographic, customer interest, purchasing and other trends among our users. We may outsource these tasks to third parties, provided the use and disclosure of your personal information by these third parties is restricted to performance of these tasks.
- Marketing Purposes: We may trade our member list on occasion with other non-profit, non-partisan organizations, primarily cultural institutions in the Seattle area. By station policy and by federal law, we will never trade its list with any partisan group, political party, or party committee, even if it is non-profit. If you do not wish to receive these types of third party communications or any KEXP membership communications, you can opt-out by contacting the membership department at 206-520-5843 or email@example.com and we will exclude your name immediately. While you may choose not to receive direct marketing information from third parties, you will continue to receive invoices, service impacting notifications and other similar information from us, electronically or otherwise. You will also continue to receive marketing and other information as part of each individual service offering you have selected, such as newsletters and other notices.
- Business Transfers: Information about our users and the Site is very important to KEXP's operations and is an asset of KEXP. Therefore, information about our users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the Site, the sale or pledge of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of KEXP.
- Protection of KEXP and Others: We release personal information when we believe release is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property, or to protect our user from fraudulent, abusive, or unlawful use of, our Site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
This web site is secured using a Thawte Digital Certificate. This ensures that all information you send to us via the World Wide Web will be encrypted. Please click on the Thawte Authentic Site Seal which will verify the validity of our Thawte Certificate, and our commitment to your security. While we have taken efforts to guard your personal information, we cannot guarantee that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others.
MEMBER LIST OPT-OUT
As discussed above, KEXP may exchange membership lists with third parties. To have your name and address coded so that it will be excluded from all member list exchanges, please contact us at 206-520-5843 or firstname.lastname@example.org and we will exclude your name immediately.
UPDATING THIS POLICY
We will revise and update this Policy if our practices change, as technology changes, or as we add new services or change existing ones. If we make any material changes to the Policy or to how we handle your personal information, we will post an "update" notice to the Site and change the date of the Policy. You should refer back to this page for the latest information.
If you have any questions, comments or concerns about this Policy, please contact web@KEXP.org. Or you can send mail to: KEXP, 113 Dexter Avenue North, Seattle, WA 98109
This Site, www.kexp.org, is operated by KEXP 90.3FM ("KEXP"). These Site Terms apply exclusively to your access to, and use of, our Site so please read them carefully. The do not alter in any way the terms or conditions of any other agreement you may have with us for other products or services.
We reserve the right to change or modify any of the terms and conditions contained in our Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Copyright Notice and License
All copyrighted and copyrightable materials on this Site, including, without limitation, the KEXP logo, design, text, graphics, pictures, playlists, webcasts and sound files, and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2001-2002 KEXP 90.3FM and/or its licensors. 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 or the respective 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:
(a) copy, publish, display, publicly perform, or distribute any Materials, including reproduction on any computer network or broadcast or publications media;
(b) resell or make commercial use of the Site or its Materials;
(c) systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods; or
(d) make derivative uses of the Site and its Materials;
(e) use, frame or utilize framing techniques to enclose any KEXP trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page);
(f) use any meta tags or any other "hidden text" utilizing a KEXP name, trademark, or product name
KEXP is the copyright owner of or an authorized licensee for all Webcasts (including all compositions and sound recordings contained therein), whether simulcast or archived, broadcast on this Site. Our broadcast of Webcasts is authorized under licenses by ASCAP, BMI, SESAC, SoundExchange/RIAA and/or the compulsory license provisions of the Digital Millennium Copyright Act. You may play the Webcasts from the Site for your personal, non-commercial use only. The Webcasts, or any song contained within a Webcast, 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.
KEXP, our logo, and the products and services described in this Site, are either trademarks, service marks or registered trademarks of KEXP or its licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of KEXP, 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 KEXP names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use our logo or other proprietary graphic or trademark to link to this Site without our express written permission. This limited right may be revoked at any time. 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 sites linking to this Site. The linked sites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS 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 SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE 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 SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL KEXP 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 THIS SITE OR THE MATERIALS.
Applicable Law and Venue
These terms and conditions 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 of federal courts located in King County Washington.
Member Refund Policy
Refunds of membership donations will be given upon request. Refunds will be made in the same form of payment as the contribution, within 2 weeks of member request.
Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.