Public Action(TM) Terms of Service and Acceptable Use Policy

This site (the 'Site') offers a suite of interactive community engagement tools and applications known as Public Action(TM), which is provided under license from Public Interactive, LLC ('PI').

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ('Terms of Use '). These Terms of Use apply to your use of Public Action(TM) on this Site, and any other site offering Public Action(TM). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site or Public Action(TM). We may modify these Terms of Use at any time, and your use of the site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site. You may use the Site, Public Action(TM), and the information and/or content that you see, hear or otherwise experience the Site (collectively, the 'Content') solely for your non-commercial, private purposes. Except as otherwise set forth in these Terms of Use, no right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise.

2. Copyright; Trademarks. The Site and the Content are protected by U.S. and international copyright laws, and, except for the User Provided Information (as defined below), belong to the affiliated station, or its partners, affiliates, contributors or third parties; Public Action(TM) belongs to PI; the User Provided Information belongs to the User who provides it. Except as specifically authorized in these Terms of Use, (a) you may not reproduce, publicly display, modify, transmit, publish, transfer, or distribute the Content, (b) you may download and print a single copy of the Content for non-commercial, private purposes only, and (c) you may not manipulate or alter the Content in any way without permission from the site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

3. User Provided Information; Monitoring of Content. You acknowledge that you are solely responsible for all information, content and other material you post or otherwise provide to the Site (collectively 'User Provided Information'). By posting or uploading any User Provided Information, you guarantee to us that you have the legal right to post or upload such User Provided Information, and that it will not violate any law or the rights of any person or entity. We have no obligation to monitor User Provided Information. However, we reserve the right to monitor or remove any User Provided Information for any reason, in our sole discretion. By posting material on the Site, you give the Providers the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

4. User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. With the exception of any User Provided Content you may post to public areas of the site, you agree not to add to, subtract from, or otherwise modify the Content. You agree not to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to provide or post any information to the Site that is false or misleading, that attempts to hide your identity, or that you do not have the right to disclose.

Without limiting the foregoing, you agree not to use the Site to (a) upload, post, email or otherwise transmit or communicate any material (i) that is obscene, unlawful, threatening, an invasion of privacy or publicity rights, defamatory, libelous, or otherwise illegal or objectionable, (ii) that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to the Site, or (iii) that is likely to cause any defect, error, malfunction, corruption or other harm to the Site, the Content, or anyone else's computer systems; (b) to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (c) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) for any commercial purpose; (e) to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or (f) to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Site or to solicit or attempt to discover another user's screen name or other identifying information without the user's express knowledge and consent.

We reserve the right to terminate your Public Action(TM) account or block your ability to access Public Action(TM) if we believe you have violated one or more of these Terms of Service.

5. Links to Third-Party Web Sites. Links on the Site to third party web sites are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the site of the third party, the third-party web site, or the information contained therein. We are not responsible or liable for any third party web site or the availability or content of such web sites. If you use these links, you will leave the Site, and will be subject to the terms of use and privacy policies applicable to those web sites.

6. Downloading Files. We cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Disclaimer of Warranties. THE SITE OWNERS, OPERATORS, AND PI (COLLECTIVELY, THE 'PROVIDERS') MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. THE PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND THE CONTENT. THE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE PROVIDERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE ' BASIS.

8. Limitation of Liability. IN NO EVENT WILL THE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (III) ACCESS TO OR ALTERATION OR REMOVAL OF YOUR TRANSMISSIONS OR USER PROVIDED INFORMATION, OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE PROVIDERS LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

9. Indemnification. You understand and agree that you are personally responsible for your conduct on the Site. You agree to indemnify, defend and hold harmless the Providers, their parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, your User Provided Information, or any violation by you of these Terms of Use.

10. Privacy Policy. Click here to see the Site's Privacy Policy.

11. Security. You acknowledge the Site is not a secure web site. If you post or supply any personal or other information or content via the Site, you agree that the Providers will not be responsible for any third party's unauthorized access to or use of such information or content.

12. General Provisions.

A. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by the site of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

B. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. the site therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. the site does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

C. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, the site's Privacy Policy, your use of the Site or the Content (collectively, 'Disputes') are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be exclusively venued in a state or federal court located in the State of Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.

D. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.

Copyright 2007, Public Interactive, LLC. All rights reserved.

DATE OF LAST MODIFICATION
January 12, 2007

Privacy Policy for KUER
Effective Date January 1, 2007

KUER FM90, values the privacy our Web site visitors. This privacy policy explains what type of information is collected from you when you visit our Web site and how that information may be used.

Gathering of Information
KUER collects personally-identifying information (such as your name, e-mail address, address, telephone number and/or credit card information) from the KUER Web site only if you choose to provide that information to us.

KUER asks visitors to provide certain personal information when they register for the KUER Discussion Forums, when they request an audio CD of KUER programs, when they e-mail a page of the KUER Web site to another person, when they make a purchase from the KUER Online Shop, and when they register for any online contests. KUER also may ask visitors to provide personal information in other limited circumstances specified at the time the information is gathered. Any information that you post when participating in the KUER Discussions becomes public.

Like all other Web servers, KUER's Web server automatically creates log files for each visitor who accesses our site. These "access logs" allow us to make our site more useful to our visitors. The access logs do NOT record a visitor's name, address, phone number, credit card numbers, or any other personally-identifying information. Rather, they contain some or all of the following information:
-The Internet Protocol Address (IP Address) of the machine which accessed our Web site.
-The date of the visit.
-The time of the visit.
-The path taken through our Web site.
-The browser being used.
-A list of files downloaded or viewed.
-The amount of time spent accessing media files.
-Any errors encountered.

Cookies
KUER may also uses 'cookies' to collect information. A cookie is a string of characters that can be written to a file on the user's hard drive when the user visits a Web site. Only the Web site that set the cookie can read it, and it can only be used as a record keeping device to store information that the site already has. It cannot, for example, be used to read other information from the user's hard drive.

KUER uses cookies to track users' activity through the site in order to improve the site's architecture, to offer the user interactive features that would not be possible without them, and to recall specific information to save the user time during subsequent visits to the site. For example, cookies allow KUER to remember your media player preference. KUER Discussions and Chat Forums, and other interactive features also use cookies. If you wish to prevent certain or all cookies from being set to your hard drive you may disable them in your browser's preferences, although your browser might then be unable to accommodate certain functionalities on kuer.org.

Use of Information
The use of personally-identifying information is limited to the following: responding to user e-mails; listing name and location (city, state and/or country) information provided by users when publishing user e-mails or other submissions; fulfillment of audio CD orders; fulfillment of KUER Online Shop orders; contest management; editorial purposes such as contacting users for an online survey; sending communications, including marketing and promotional communications from KUER to users who have 'opted in' to the receipt of such communications, and other purposes specified at the time the information is gathered.

Any information that you disclose when participating in the KUER Discussions or Chat Forums becomes public. Moreover, by participating in the KUER Discussions and Chat Forums, the e-mail address you provide for such purpose becomes available to any third parties accessing our Web site and as a result, you may receive unsolicited e-mail from such third parties.

In addition, if you send an e-mail, story idea, essay and/or other submission ("Submission") to KUER through our Web site, we may print that Submission, or an excerpt from it, on the KUER Web site, read it on air, or otherwise publish it in any other medium, together with your name and location (city, state and/or country) if you provide that information to us.

Personally-identifying information collected by KUER is not provided to outside parties except KUER service vendors (such as KUER's Online Shop fulfillment service and KUER's enewsletter email list manager), and other third parties when the user specifically consents to such distribution. In these circumstances, the information is provided for the sole purpose of -- and only to the extent necessary for -- delivering the requested transcript, or goods to the user, delivering communications from KUER to users who have 'opted in' to the receipt of these communications, or serving other internal KUER purposes.

KUER also may disclose personal information if required to do so by law or if it believes that such action is necessary to (a) comply with the law or with legal process, (b) protect against misuse or unauthorized use of the KUER Web site, or (c) protect the personal safety or property of KUER Web site users, the public or KUER and its employees.

If you do not want your personally-identifying information to be collected or used for any of these purposes, you can simply 'opt out' according to the process described below.

KUER uses non-identifying aggregate information to analyze use of and better design the KUER Web site and to share with third parties in aggregate form only as appropriate. For example, we may tell a third party that a certain number of users accessed a particular audio stream on our Web site. However, we will not disclose any information that could be used to identify those users.

Security
KUER has in place what we believe to be appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Credit card information provided to the KUER Online Shop is protected against unauthorized use by 128-bit encryption and Secure Sockets Layer (SSL) security features, which scramble your personal information so that only your web browser and our Web site's server can decipher it.

Children
Under 13: You must be at least 13 years old in order to register for the Discussions, order KUER CDs, or place an order on the KUER Online Shop. 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.

13-18: Unless otherwise specified, you must be at least 18 years old in order to participate in any online contests. Visitors between the ages of 13 and 18 must obtain permission from their parents or guardians before registering for the Discussions, ordering KUER CDs, placing an order on the KUER Online Shop, or otherwise sending any personally-identifying information.

Corrections to Personal Data; Opting Out
You can locate our Membership Manager through the "Contact Us" page at [http://www.kuer.org/insidefm90/contactus.php] to a) correct or update any personal information in the KUER database that you state is erroneous, b) opt-out of future communications from KUER or c) request KUER to make reasonable efforts to remove your personal information from the KUER Online database. The user understands that it may be impossible to delete personal information entirely because of backups and records of deletions.

Acceptance of Privacy Policy Terms
KUER reserves the right to change this policy. Any changes to this policy will be posted to this page as soon as reasonably possible, so please check this page periodically. Use of the KUER Web site constitutes consent to any policy then in effect. Please make sure that you read KUER's Terms of Use to understand additional terms and conditions which apply to the use of our Web site.

If you have any questions or comments concerning our privacy policy, please Contact Us via e-mail or send a letter to:

KUER FM90 101 S. Wasatch Drive Salt Lake City, UT 84112

Links to other Sites
It is important to note that the KUER Web site contains links to other sites that may not follow the same privacy policies as the KUER Web site. For instance, clicking on a sponsorship notice on KUER.org will take you to an entirely different site. These sites may use cookies, collect data, and use the data in ways that KUER.org would not. KUER is not responsible for the privacy practices or any information or materials on these other sites. Please visit these sites if you wish to review their privacy policies.


At Public Interactive, we believe that protecting the personal information of visitors to the web sites we operate is both a critical aspect of respecting our audience as well as a good operational policy. We believe that, within a context of full disclosure and choice, both our audience and participating public radio stations can be served by the judicious and careful use of information.

The following Privacy Policy outlines the philosophy of Public Interactive and Public Interactive's operational guidelines for its use of information collected via our site, located at www.publicinteractive.org, or our affiliate station web sites (collectively, the 'Sites'). Each affiliate station web site may also have its own privacy policy that governs the affiliate station's collection and use of visitor information.

By providing the information requested by a Site, or by continuing to use a Site after having an opportunity to review the Privacy Policy, you have consented to the terms of the Privacy Policy, and Public Interactive's use of the information it collects as described at the point of collection or in this Privacy Policy. If you do not agree to the Privacy Policy, you may not use the Site. Public Interactive reserves the right to modify the Privacy Policy at any time without giving you prior notice. Any updates or material changes to this Privacy Policy will be posted here, and the last date of modification will be noted below. Your use of a Site following any such modification constitutes your agreement to follow and be bound by the Privacy Policy as modified. The last date the Privacy Policy was revised is set forth below.

1. Public Interactive does not collect personally identifiable information from visitors to our site unless the visitor actively provides such information. For example, visitors to a Site may choose to supply certain personally-identifiable information in connection with (i) sweepstakes or contest registration, (ii) subscription registration for services that may require subscription (such as email newsletters), (iii) requests for membership information to local public radio stations, and (iv) commerce transactions. In addition, personally-identifiable information is voluntarily provided in connection with certain content submissions or community postings (i.e., chat, forums, reviews, or bulletin boards), comments and suggestions, or survey polling.

2. Public Interactive will not generally disclose any personally-identifiable information about our audience to any third party without first receiving the user's permission. In the event that Public Interactive sells or acquires business assets or concerns, in whole or in part, Public Interactive may transfer user information in conjunction with such sale or acquisition. Public Interactive may collect and transfer user information when we feel it is necessary to enforce compliance with Public Interactive's or the Sites' Terms of Use, or to protect our service, the Sites, our users or others, or in response to requests or subpoenas by law-enforcement authorities.

3. Each affiliate station in the Public Interactive network is provided all information, including aggregate user statistics, site reports, and individual user information, collected via that station's Site. Where such information is restricted (per opt-out instructions given by an individual user), affiliate station sites are contractually bound to specific ranges of data use (i.e., use of such data in aggregate format only).

4. If you provide us with email or other contact information, we may use such information to contact you in the future. To opt-out of receiving further communications from Public Interactive, you may use the links or other processes that will be provided in any future communication, in accordance with applicable law. Because Public Interactive maintains a network of sites on behalf of its various affiliate stations, visitors must opt-out of receiving future communications from the affiliate stations in accordance with each station's own policies and procedures.

5. Public Interactive strives to keep secure any information collected via affiliate station sites. In order to protect against the loss, misuse, and alteration of any information under our control, Public Interactive employs security measures including SSL encryption and firewall-protected database servers.

Date of last modification: January 12, 2007.