Created March 2015
Educational Media Foundation (“EMF”) is pleased to provide to you its sites, software, applications, content, products and services (“AIR1 Services”). These terms and conditions apply to your use of the AIR1 Services (“Terms”). YOU SHOULD CAREFULLY READ THESE TERMS BEFORE USING THE AIR1 SERVICES.
Contract between You and Us
This is a contract between you and EMF. These Terms describe the limited basis on which the AIR1 Services are available and supersede prior agreements or arrangements. Your use of the AIR1 Services constitutes acceptance of these terms.
Supplemental terms and conditions may apply to some AIR1 Services, such as rules for a particular competition, service or other activity. Any supplemental terms and conditions are in addition to these Terms and, in the event of a conflict, the supplemental terms will control.
We may amend these Terms at any time. An amendment will be effective thirty (30) days following posting of the amendment on the AIR1 Services. Continued use of the AIR1 Services after amendment of the Terms constitutes acceptance of the Amended Terms.
The AIR1 Services
The AIR1 Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. We may add to, subtract from or eliminate any part of the KLOVE Services and we may terminate an individual’s use of the AIR1 Services at any time for any reason or for no reason at all.
The AIR1 Services are copyrighted and subject to protection under applicable intellectual property laws including laws applicable to copyright, trademarks and servicemarks. No element of the AIR1 Services may be used or exploited in any way other than as part of the AIR1 Services offered to you. You may own the physical media on which elements of the AIR1 Services are delivered to you, but we retain full and complete ownership of the AIR1 Services. We do not transfer title to any portion of the AIR1 Services to you.
Content and License
If an AIR1 Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any AIR1 Service or connected network, or interfere with any person or entity’s use or enjoyment of any AIR1 Service.
You may not circumvent or disable any content protection system or digital rights management technology used with any AIR1 Service; decompile, reverse engineer, disassemble or otherwise reduce any AIR1 Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any AIR1 Service in an unlawful or unauthorized manner. By acquiring services, content or software through the AIR1 Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
If you register with any AIR1 Service, the username and password you receive upon registration is an individual, nontransferable license to utilize the AIR1 Service. Keep this information private and do not allow others to access the AIR1 Service under your name or in violation of these Terms. EMF reserves the right at all times to monitor the use of the AIR1 Service to ensure compliance with these Terms and also reserves the right to refuse registration to any individual or entity for any reason or for no reason.
User Generated Content
Certain of the AIR1 Services may allow you to submit content (“User Generated Content”) which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide perpetual license to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the AIR1 Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to the manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold EMF, our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works to the extent required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a AIR1 Service, at any time without notice to you and for any reason, including to ensure that the User Generated Content or communication conforms to these Terms. We do not endorse the opinions, views, advice or recommendations that might be contained in User Generated Content.
Disclaimer of Warranty
THE SERVICES AND MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Limitation of Liability
NEITHER EMF NOR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES, SHALL BE LIABLE FOR INJURY, LOSS OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM THE USE OF KLOVE SERVICES OR ANY CONTENT INFORMATION, ERRORS, OMISSIONS, DEFECTS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, SECURITY BREACH, UNAVAILABILITY OF SERVICES, DELAY OR FAILURE OF PERFORMANCE, OR ANY OTHER POSSIBLE OCCURRENCE WITH RESPECT TO AIR1 SERVICES.
Miscellaneous
These Terms shall be governed and construed in accordance with the laws of the State of California, U.S.A.
Any suit involving any dispute or matter arising under these Terms may only be brought in the United States District Court for the Eastern District of California or any state court sitting in Placer County, California having jurisdiction over the subject matter of the dispute or matter. You hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
In any mediation, arbitration, suit or other action arising out of or in connection with any of the Terms, covenants or provisions of these Terms, you agree that all attorneys' fees, costs and any other expenses incurred or accrued directly or indirectly in connection therewith shall be paid by the party who is (or the parties who are) found by the arbitrator or court to have breached these Terms in addition to any equitable relief or damages and/or costs awarded at law; provided that if more than one party is found to have breached these Terms, the court shall award all such attorneys' fees, costs and expenses to the party who is found to be the least at fault.
These Terms incorporate by reference the Privacy Policy and any notices contained on this AIR1 Service and together govern your use of the AIR1 Services. If any provision of these Terms is determined to be unlawful, unenforceable, or invalid, such provision shall be enforced to the full extent allowed by law and severed from these Terms without affecting the validity and enforceability of the remaining provisions.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Any violation of the provisions contained herein may result in the suspension or termination of a user's right to utilize the AIR1 Services. Educational Media Foundation further retains the right to seek additional remedies, including but not limited to civil or criminal penalties, for any violation of these Terms.
Contact Educational Media Foundation at webmaster@air1.com with any questions regarding these Terms. All notices or inquiries made to Educational Media Foundation shall be delivered by: (a) first class, certified mail, return receipt requested, postage prepaid; (b) express delivery by a recognized national carrier or express delivery service, cost being prepaid; or (c) personally hand delivered, dated receipt obtained. The effective date of such notice shall be deemed to be the date of sending such certified mail or express delivery, or the actual date of hand delivery, as the case may be. Notice by mail or express delivery shall be addressed as follows:
Educational Media Foundation
AIR1 Webmaster
5700 West Oaks Boulevard
Rocklin, CA 95765
