Terms of Use

INTRODUCTION; CONSENT TO TERMS – Please read these Terms of Use before using kentstatefolkfestival.org or any features of this site, including, but not limited to, the social networking features ("Service"). By using the Service, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the Service and do not use the Service or any of its features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Kent State Folk Festival Web site. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Service following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policy governing Web sites that may link to or from the Kent State Folk Festival Web site.

COPYRIGHTS – The contents of the Kent State Folk Festival Web site are protected by U.S. and international copyright laws. The contents of the Kent State Folk Festival Web site are owned by or licensed to WKSU or the Kent State Folk Festival and content providers. In the case of User Materials (as defined in the "User Materials" section below), the contents are licensed to WKSU and the Kent State Folk Festival by the user. 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 Kent State Folk Festival Web site without the prior written consent of WKSU, except as provided below. All rights not expressly granted in these Terms of Use are reserved to WKSU and the Kent State Folk Festival.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, noncommercial use only, 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 WKSU or the Kent State Folk Festival promotes or endorses your, or any third party's, causes, ideas, Web sites, 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. In addition, you may use widgets and tools on the Kent State Folk Festival Web site that allow selected User Materials to appear on your personal, noncommercial Web site, weblog or other application, subject to the conditions in the preceding sentence.

No quotes from any material on the Kent State Folk Festival Web site may be used in any media without attribution to WKSU.

You may use the other features of the Kent State Folk Festival Web site only as expressly permitted in the relevant paragraphs below in these Terms of Use.

Any other use of WKSU or Kent State Folk Festival content requires prior written permission from WKSU. For permission requests, please Contact Us.

TRADEMARKS – WKSU and the Kent State Folk Festival names and logos, and other Content Provider names and logos are service marks. All rights are reserved by the respective owners. You may not use any WKSU-provided service marks, logos or graphics without WKSU's prior written consent, except that you shall have the right, and obligation to use any WKSU, Kent State Folk Festival or other Content Provider service mark or logo included in, or required to be used in connection with, functionalities of the Kent State Folk Festival Web site, subject to the requirements set forth in the Terms of Use for the use of functionalities of the Kent State Folk Festival Web site.

USER MATERIALS – Through the Kent State Folk Festival Web site, users may post, upload, transmit and/or otherwise submit ("Submit") comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the Kent State Folk Festival Web site ("User Materials"). You acknowledge that User Materials 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 WKSU staff and on the Internet by the general public. You acknowledge that the Kent State Folk Festival Web site is for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the Kent State Folk Festival Web site. However, by submitting User Materials on or through the Kent State Folk Festival Web site, you hereby grant WKSU, the Kent State Folk Festival and other Content Providers a nonexclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Kent State Folk Festival Web site, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant WKSU and the Kent State Folk Festival the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the Kent State Folk Festival Web site a nonexclusive, royalty-free, worldwide license to access your User Materials on or through the Kent State Folk Festival Web site and use your User Materials pursuant to these Terms of Use and as permitted by the functionality of the Kent State Folk Festival Web site.

For any User Materials you Submit on or through the Kent State Folk Festival Web site, you agree to abide by the Rules of Use for the Service set forth below and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.

FRAMING – WKSU does not allow framing of the Kent State Folk Festival Web site.

LINKS TO THE KENT STATE FOLK FESTIVAL WEB SITE – WKSU encourages and permits links to content on the Kent State Folk Festival Web site. However, WKSU is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that WKSU or the Kent State Folk Festival promotes or endorses any third-party causes, ideas, Web sites, products or services, or (b) use WKSU or the Kent State Folk Festival content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

LINKS TO THIRD-PARTY SITES – WKSU has provided links to Internet sites maintained by third parties, over which WKSU has no control. WKSU or the Kent State Folk Festival does not endorse the content, operators, products or services of such sites, and WKSU or the Kent State Folk Festival is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. WKSU or the Kent State Folk Festival 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.

RULES FOR USE OF THE SERVICE – By using the Service, including by registering for the Service, Submitting User Materials through the Contact Us page or other means, you agree to the following rules:

  1. You must be at least eighteen (18) years of age to register for or participate in the social networking features of the Kent State Folk Festival Web site; submit any User Materials or personally identifying information on or through the Kent State Folk Festival Web site. If you are between the ages of 13 and 18, you may browse the Kent State Folk Festival Web site or register for e-mail newsletters with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or e-mail address. If we discover that we have collected any personally identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
  2. You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.
  3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third-party privacy rights, or that constitutes hate speech or a personal attack.
  4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize WKSU, the Kent State Folk Festival and users of the Kent State Folk Festival Web site (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
  5. The Service can only be used for personal, noncommercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Kent State Folk Festival Web site for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
  6. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or devices. You may not use the Service to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited e-mail or other communications to other users of the Service.
  7. You may not interfere with or disrupt the integrity or performance of the Kent State Folk Festival Web site, or any portion or contents thereof, or use the Web site in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to this Web site or related systems or networks.
  8. By submitting any User Materials on or through the Service, you hereby grant WKSU, the Kent State Folk Festival and users of the Kent State Folk Festival Web site (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the "User Materials" section.
  9. You are solely responsible for any User Materials Submitted. WKSU and the Kent State Folk Festival do not and cannot review all User Materials Submitted by you or others and are not responsible for any User Materials Submitted by you or others on or through the Service. However, WKSU and the Kent State Folk Festival have the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that they deem, in their sole discretion, to be in violation of the Rules for Use of the Service or these Terms of Use, or for any other reason, as determined in WKSU's sole discretion.
  10. WKSU and the Kent State Folk Festival are not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the Service. WKSU and the Kent State Folk Festival cannot verify the accuracy of statements that users make or place on or through the Service, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service or these Terms of Use.
  11. By using the Service, you agree to abide by these rules. You acknowledge that WKSU and the Kent State Folk Festival have the right (but not the obligation) to review, screen, delete, edit or move content or material that they deem, in their sole discretion, to be in violation of the Rules for Use of the Service or these Terms of Use, or for any other reason, in their sole discretion. You further acknowledge that WKSU has the right to limit or terminate your, or any other person's, access to or registration in the Service for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.

REPRESENTATIONS; INDEMNITY – You represent and warrant that (a) if you Submit any User Materials or personally identifying information on or through the Service, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Service that may be necessary for their use as contemplated by the Kent State Folk Festival Web site and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Kent State Folk Festival Web site and these Terms of Use, (d) the User Materials, and their use by WKSU, the Kent State Folk Festival, and users of the Kent State Folk Festival Web site does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service or these Terms of Use, and (e) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless WKSU, the Kent State Folk Festival and Content Providers to this Service and their respective directors, officers, employees, members, licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the User Materials you have Submitted on or through the Service, or (4) WKSU's publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by WKSU, the Kent State Folk Festival and users.

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

LIMITATION OF LIABILITY – IN NO EVENT WILL WKSU, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD-PARTY PROGRAM PRODUCERS AND PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL WKSU, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD-PARTY PROGRAM PRODUCERS AND PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. RIGHT TO CHANGE THE KENT STATE FOLK FESTIVAL WEB SITE WKSU has the right to change the Kent State Folk Festival Web site, terminate or cease providing the Kent State Folk Festival Web site, 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. WKSU and the Kent State Folk Festival make no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

MISCELLANEOUS – These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Kent State Folk Festival Web site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Kent State Folk Festival Web site. These Terms of Use are separate and distinct from the terms of use governing wksu.org, folkalley.com, and the Web sites that may link to or from the Kent State Folk Festival Web site. These Terms of Use shall be governed by and construed under 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 Service shall be litigated in the local or Federal courts. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

QUESTIONS – If you have any questions about the terms of use, please Contact Us.