Terms of Use

Thank you for visiting kmhd.org! Oregon Public Broadcasting ("OPB") maintains this site (the "Site") on behalf of KMHD for your personal information, education and entertainment, so please feel free to browse.

Your access to and use of the Site are subject to the terms and conditions (the "Terms of Use") contained herein and other applicable law. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms of Use just as if you had signed them. If you do not agree to be bound by these Terms of Use, please do not use this Site. Please also review our other Site policies, such as our Privacy Policy.

You should assume that everything you see, hear or read on the Site is copyrighted unless otherwise noted, and may not be used (except as provided in the Terms of Use) without the written permission of OPB on behalf of KMHD. You may download material displayed on this Site for non-commercial, personal use only, provided you make no modification to the materials and retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including the text, images, audio, and video, without OPB's written permission.

1. Images

Images of people or places displayed on the Site are either the property of, or used with permission by, OPB on behalf of KMHD. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission is provided elsewhere on this Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues.

2. Trademarks

All trademarks, service marks and trade names of KMHD, OPB, and Mt. Hood Community College (“MHCC”) used in the Site are registered or unregistered trademarks of OPB or MHCC, or are used with permission by OPB or MHCC, and may not be used without OPB's prior written permission.

3. Framing

OPB does not allow framing of this Site.

4. Electronic Communication

By using this Site, you agree to receive electronic communications from OPB on behalf of KMHD. You agree that any notice, agreement, disclosure or other communication that OPB sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

5. Responsibility for Postings

Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmission or material to KMHD, the Site or others ("Post" or "Postings"). Postings do not reflect the views of KMHD, OPB or MHCC and, notwithstanding anything else contained in these Terms of Use, KMHD, OPB and MHCC should not be seen as endorsing any Post in any way. KMHD, OPB and MHCC shall not be liable for any Posting in violation of these Terms of Use.

You are responsible for the content of any material you post on the Site. Although OPB may, from time to time, monitor or review discussions, chats, Postings, transmissions, bulletin boards and the like on the Site, OPB is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any Posting by you.

By Posting on KMHD's discussion boards you expressly grant OPB (on behalf of KMHD) and its affiliates and assignees the right to reproduce, adapt, perform, display and distribute any such Post in any form worldwide, in perpetuity without providing credit or payment to you.

6. Public Disclosure of Postings

When posting material to the Site, be certain your Post does not compromise your personal safety. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. OPB cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. You acknowledge that anything you Post to the Site is routed through OPB's servers and the Internet and that you, therefore, have no expectation of privacy with regard to any such submission. You acknowledge that the Postings are for public and not private communications.

7. Compliance with Law

You agree not to post any materials that: (i) violate any copyright, trademark or other property right; (ii) interfere with any other person's use of the Site; (iii) interfere with the privacy of any other user; (iv) contain false or misleading statements of fact or descriptions of the origin of the material or the communication; (v) are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, profane, inflammatory, pornographic or threatening in any way; (vi) advertise any service or product; or (vii) encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. OPB will fully cooperate with any law enforcement authority or court order requesting or directing OPB or KMHD to disclose the identity of anyone posting the information or materials set forth above. By placing an order, you represent that the products ordered will be used only in a lawful manner.

8. Children

If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to visit the Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.

Pursuant to 47 U.S.C. Section 230(d) as amended, OPB (on behalf of KMHD) hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website (http://www.getnetwise.org), an online resource for families aimed to deliver information and tools helpful to guiding children to a safe internet experience. (GetNetWise is not controlled, operated or endorsed by OPB, KMHD or MHCC and OPB, KMHD and MHCC are not responsible for such site).

9. Termination

On behalf of KMHD, OPB reserves the right in its sole discretion to terminate or restrict your use of the Site, without notice, for any reason, and without liability to you or any third party. You may terminate your use of, or your account on, the Site at any time. You agree that you will remain personally liable for any orders that you place or charges that you incur prior to termination.

10. Disclaimer of Warranties & Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OPB DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION ON THIS SITE OR EMAIL SENT FROM THIS SITE IS FREE OF ROGUE PROGRAMMING.

IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

UNDER NO CIRCUMSTANCE, INCLUDING NEGLIGENCE, SHALL OPB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM YOUR USE OR INABILITY TO USE THE SITE INCLUDING, WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SITE, 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.

11. Links to Third Party Sites

OPB has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your viewing any other off-Site pages or other sites is at your own risk.

12. Waiver & Indemnification

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

13. Copyright Infringement

The Online Copyright Infringement Liability Limitation Act, Title 17, United States Code, Section 512(c) (a part of the Digital Millennium Copyright Act), allows for a service provider to designate an agent to receive notifications of a claimed copyright infringement. The OPB/KMHD Agent for Notice of claims of copyright infringement can be reached as follows:

Attorney
KMHD c/o Oregon Public Broadcasting
7140 SW Macadam Ave.
Portland, Oregon 97219
Telephone: 503. 244.9900
Fax: 503.293.4165
E-mail: legal@opb.org

All claims of infringement or defamatory activity must be in writing and must contain the following information:
a. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed, or (2) the person defamed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c. Identification of the material that is claimed to be infringing, to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OPB to locate the material.
d. Information reasonably sufficient to permit OPB to contact you, such as your address, telephone number, and/or electronic mail address.
e. 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 or other proprietary right owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

14. Applicable Law & Jurisdiction

Your use of this Site shall be governed in all respects by the laws of the state of Oregon, U.S.A. without regards to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of products on this Site) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon.

15. Revision and Interpretation of Terms of Use

On behalf of KMHD, OPB may, at any time, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages on the Site.

OPB's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. If any provisions of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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