National Federation of Community Broadcasters Terms and Conditions

Assistance

If you have any questions or comments, we invite you to contact our Customer Service Department by email at membership@nfcb.org.

Accuracy of Information

We attempt to ensure that the information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website.

Copyright, Trademark and Ownership

All of the content displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by NFCB, its licensors, agents or its Content providers. All elements of the Website, including, without limitation, the Website’s general design, NFCB’s trademarks, service marks, trade names (including the NFCB’s name, logos, the Website’s name, and the Website’s design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the NFCB’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without NFCB’s prior written consent. Of course, you’re free to encourage others to access the information themselves on our Website and to tell them how to find it.

The use of NFCB trademarks on any other website is not allowed. NFCB prohibits the use of NFCB trademarks as a “hot” link on or to any other website unless NFCB approves the establishment of such a link in writing in advance. The Website, its Content and all related rights shall remain the exclusive property of NFCB or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

Refund and Return Policy

Once an NFCB membership has been purchased, no refunds will be given. Nothing herein is meant to limit your return or cancellation rights under applicable local law. Certain events, conferences, and other NFCB offerings may have different policies with respect to refunds and returns. To the extent that those policies differ from the refund and return policy detailed here in the Terms, the terms of the refund and return policies of the event, conference, or other NFCB offering will govern.

Charges

For all charges for any products, services, or memberships sold on the Website, NFCB will bill your credit card or alternative payment method offered by NFCB. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse NFCB for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of this Website and any and all fees charged to you by your financial institution related to the charges. The membership fees are based on the listed price for the service and not actual usage. Payment obligations are non-cancelable and fees paid are non-refundable. If you cancel your membership in the middle of the period for which the membership was paid, we will not issue a refund for any portion of the amount charged for that period. NFCB may suspend or terminate your account, in addition to other rights and remedies, if fees are past due. You shall provide NFCB with written notice of any disputed charges within ten (10) business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.

Use of Contact Information

Any and all contact information that is displayed on the Website, including the information contained in any member directories or other directories that may be provided on the Website, is provided for informational purposes only and is not to be used for marketing, telemarketing or solicitation purposes, regardless of whether such marketing, telemarketing or solicitation is commercial, non-commercial, charitable or political in nature. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind.

Links

You may establish a hypertext link to this Website, including display of the Website’s RSS feed, so long as the link does not state or imply any sponsorship of or affiliation with you or your site by us. However, you may not, without our prior permission, frame any of the content of the Website, or incorporate into another website or other service any material, content or intellectual property belonging to us or any of our licensors.

From time to time, this Website may contain links to third-party websites that are not owned, operated or controlled by NFCB or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. NFCB has adopted a policy that provides for the removal of any content that is found to have repeatedly infringed on the copyright of a third party. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 USC Section 512). Your infringement notice should be sent to NFCB, PO Box 806, Paonia, CO 81428 or by email to membership@nfcb.org.

Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Website; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in the above paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms or on the Website.

Advertising Rights

NFCB reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and NFCB and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate NFCB to sell or offer to sell any advertising, promotion or distribution rights.

Account Registration and Security

You understand that you may need to create a membership account to have access to parts of the Websites (“Member Areas”). To access the Member Areas, you will be asked to register with us on the form provided. The registration may require you to submit certain personally identifying information (such as your name and email address) and to provide certain demographic information (such as your gender and date of birth). If you are not an NFCB member, you can request membership by visiting the “Join” section of the website. Your membership application may be reviewed by us before access to the Member Areas is granted. You agree that you will not submit a membership request or attempt to register for the Member Areas if you are under the age of 13.

In consideration of your use of the Member Area(s), the Website, and your membership with NFCB, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Websites’ registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If NFCB suspects that such information is untrue, inaccurate, not current or incomplete, NFCB has the right to suspend or terminate your account and refuse any and all use of the Website.

When submitting a membership request or registering for the Member Area(s) of the Website, you will be asked to create a username that will be associated with your account. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. You also will be assigned a password to access the Member Area(s) of the Site, and will have the opportunity to change that password via the account tools that are provided to you on the Website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

Privacy

Information collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.

DISCLAIMERS

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER NFCB NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NFCB OR THROUGH NFCB’S WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATIONS OF LIABILITY

NFCB DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITE. IN NO EVENT WILL NFCB, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT OR PRODUCTS OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT OR PRODUCTS OR SERVICES. IN NO EVENT SHALL NFCB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE OR MEMBERSHIP TO NFCB FOR THE PERIOD MOST RECENTLY PRECEDING THE ALLEGED PROBLEM.

Indemity

You agree to indemnify and hold NFCB and its affiliates, agents, representatives, directors, officers, employees and licensors, harmless from any claim or demand, including reasonable attorneys’ fees related to such claim or demand, made by any third party due to or arising out of your use of the Website, your violation of our Terms, or your violation of any rights of another.

Termination

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. NFCB will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.

General

We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by NFCB in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and NFCB with respect to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms.

All rights not granted herein are expressly reserved to the National Federation of Community Broadcasters.