Terms of Use

Terms of Use

Welcome to the Women's Audio Mission Sound Channel Website! By using this website, the user ("you") is agreeing to abide and be bound by this End User License Agreement ("Agreement"). Before you continue, please read this Agreement carefully. This Sound Channel Website, including all of its features and content ("Sound Channel Website") is a service made available by Women's Audio Mission ("WAM") and all content, information, services and software ordered or provided on or through this Sound Channel Website ("Content") may be used solely under the following terms and conditions.

1.       Limited License. As a user of this Sound Channel Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Sound Channel Website and Content in accordance with this Agreement. WAM may terminate this license at any time for any reason.

2.       Limitations on Use. The Content on this Sound Channel Website is for your personal use only and not for commercial exploitation. You may not modify, reproduce, republish, distribute, or transmit any portion of the Content. Any unauthorized use of this Sound Channel Website or its Content is prohibited. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring on you or any third party any license or right to the Content or the Sound Channel Website. You agree that the Content and Sound Channel Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

3.       Content Posted by You.

          (a)     You are responsible for all content, data, ideas, graphics, messages, links, information, or other materials posted by you to the Sound Channel Website ("Postings"). You agree that you will not use the Sound Channel Website to upload, post or otherwise make Postings available that i) are unlawful, fraudulent, harmful, offensive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; ii) infringe any patent, trademark, trade secret, copyright, other proprietary rights including but not limited the right of publicity or privacy of any party or otherwise breaches a contract right of another party; or iii) contain software viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

          (b)     You grant to WAM an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, publish, prepare derivative works based on, distribute in any medium now known or later developed or authorize such uses of on its behalf any Postings to this Sound Channel Website. Said license is without restrictions of any kind and without any payment due from WAM to you or permission or notification from or to you or any third party.

4.       Third Party Content. WAM disclaims all liability for any content, data, information or other materials posted by third parties or any links leading to external third party websites or content, including without limitation Postings ("Third Party Content"), you may receive or any actions you may take or refrain from taking as a result of any Third Party Content. You are solely responsible for assessing and verifying the identity and trustworthiness of any Third Party Content. WAM assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness any Third Party Content. WAM reserves the absolute right to remove any Third Party Content at any time in its sole discretion.

5.       Advertisements. This Sound Channel Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Sound Channel Website is accurate and complies with applicable laws. WAM will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.

6.       No Solicitation. You shall not distribute on or through this Sound Channel Website any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of WAM. Notwithstanding the foregoing, you may recommend third party websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Sound Channel Website.

7.       Registration. Certain sections of this Sound Channel Website may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform WAM of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. WAM does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify WAM immediately by emailing info@womensaudiomission.org.

8.       DISCLAIMER OF WARRANTIES. THIS SOUND CHANNEL WEBSITE, THE CONTENT, POSTINGS AND THIRD PARTY CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WAM AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WAM AND ITS LICENSORS DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO THE CONTENT, POSTINGS, THIRD PARTY CONTENT, OR USE OF THE SOUND CHANNEL WEBSITE INCLUDING WITHOUT LIMITATION (i) ANY ERRORS IN OR OMISSIONS FROM THIS SOUND CHANNEL WEBSITE, THE CONTENT, AND THIRD PARTY CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (ii) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SOUND CHANNEL WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (iii) THE SECURITY, RELIABILITY, UNAVAILABILITY OF THIS SOUND CHANNEL WEBSITE, THE CONTENT, POSTINGS, THIRD PARTY CONTENT OR ANY PORTION THEREOF, OR (iv) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SOUND CHANNEL WEBSITE, THE CONTENT, OR THIRD PARTY CONTENT.

9.       LIMITATON OF LIABILITY. NEITHER WAM NOR ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS SOUND CHANNEL WEBSITE, THE CONTENT, THIRD PARTY CONTENT, OR POSTINGS. NEITHER WAM NOR ITS LICENCORS SHALL BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SOUND CHANNEL WEBSITE, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE SOLE OBLIGATION OF WAM AND/OR ITS LICENSORS TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

10.       INDEMNITY. You agree to indemnify, defend and hold WAM, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Sound Channel Website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you or arising from or related to any Postings uploaded or submitted by you.

11.       REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of WAM and its licensors that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with your access to the Sound Channel Website and use of the Content; and (3) all information you provide to WAM in connection with this Agreement and Your access to the Sound Channel Website and use of the Content is correct and current.

12.       NOTICE OF COPYRIGHT INFRINGEMENT. If you believe that anything on the Sound Channel Website infringes upon any copyright which you own or control, you may file a notification of such infringement with WAM's Designated Agent as set forth below. Notification of copyright infringement should include the following information and may be sent to WAM's Designated Agent by mail, fax or email:
        (1)     the identity of the infringed work, and of the allegedly infringing work;
        (2)     Your name, address, daytime phone number, and e‑mail address, if available;
        (3)     a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
        (4)     a statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
        (5)     Your electronic or physical signature.

        Designated Agent: Terri Winston
        Address: 1890 Bryant Street #312, San Francisco, CA 94110
        Telephone Number: (415) 558-9200
        Email Address: info@womensaudiomission.org

13.       MISCELLANEOUS.

        (a)     Modifications. WAM may modify or terminate the Sound Channel Website or Content from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. WAM reserves the right to modify the terms and conditions of this Agreement from time to time without notice. Please review these Terms from time to time so that you will be apprised of any changes.

        (b)     Governing Law and Jurisdiction. This Agreement shall be governed by California law without regard to conflict of laws, and both WAM and you submit to the jurisdiction of the courts of San Francisco County in relation to any dispute arising out of or in connection with this Agreement.

        (c)     Severability. In the event that a provision of this Agreement is invalid, the parties agree that the remaining portions of this Agreement will remain valid, and further agree to substitute for the invalid provision a valid provision, which most closely approximates the intent and effect of the invalid provision.

        (d)     Entire Agreement. This Agreement sets forth the entire agreement of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with the respect to the same.