KEXP

Terms of Use

As of April 24, 2024

These Terms of Use (the “Terms”) govern your access to and use of any of the internet properties provided by Friends of KEXP (“KEXP,” “we,” “us,” “our”), including the KEXP website www.kexp.org, our mobile website, KEXP-owned or operated profiles on social media sites, and any other digital services or properties operated, used, or released by KEXP from time to time (collectively, the “Sites”). By accessing or using the Sites, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Sites.

1. Eligibility

By accessing or using the Sites, you represent to us that you are over the age of 18 (or the age of majority in your jurisdiction, whichever is older) and that you are fully able and competent to enter into these Terms. If you use the Sites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. Changes to these Terms

We may update or otherwise modify these Terms from time to time. If we make material changes, we will post the updated Terms on this page with a “Last Updated” effective date of the revisions. Your continued use of the Sites after an update will constitute acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Sites.

3. KEXP Intellectual Property Rights

The Sites, including our logo, the design, text, graphics, images, data, software, source code, and other content, products, or services described or contained therein, including, but not limited to all streams of KEXP’s broadcast, webcasts, and other performance or display of musical works, (and their selection, arrangement, and presentation), are owned by KEXP, our licensors, and other rightsholders, and are protected by law including copyright and trademark law. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of KEXP, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and KEXP names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Except as explicitly stated in these Terms, all rights in and to the Sites are reserved by us, our licensors, and other rightsholders.

For the avoidance of doubt, no display or performance of any musical work, whether audio or audiovisual, simulcast or archived, or otherwise distributed on the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, publicly performed, posted or transmitted in any form or by any means, including without limitation the transferring or downloading of any work or any portion thereof to a computer hard drive or other storage medium.

Subject to your compliance with these Terms in all respects, you have a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Sites for your personal, informational, noncommercial use and for no other purpose.

4. User Generated Content

The Sites may include functionality to enable you to upload comments, feedback, or other content (“User Generated Content”). By contributing User Generated Content to any of the Sites, you understand and acknowledge that this information is available to the public and you hereby grant KEXP a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license to reproduce, distribute, perform and display, create derivative works of, adapt, modify and otherwise use and exploit such User Generated Content for any purpose (including promotional purposes, such as testimonials).

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your User Generated Content does not violate any applicable law or any right of any third party.

5. Copyright Infringement

KEXP follows the procedures of the Digital Millennium Copyright Act of 1998 by providing recourse for copyright owners who believe that material appearing on the internet infringes their rights under US copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you or your agent may send KEXP a written notice by mail or e-mail that includes the requirements set forth in 17 U.S.C. §512(c)(3)(A), requesting that we remove such material or block access to it. See www.copyright.gov for details. Notices must be sent in writing to:

KEXP
472 1st Ave N.
Seattle, WA 98109
Attn: Copyright Agent
Email: dmca@kexp.org

6. Your Use of the Sites

In your use of the Sites, you agree

• to only use the Sites in a lawful manner and only for their intended purposes;
• not to copy, publish, display, publicly perform, or distribute any portion of the Sites, including reproduction on any computer network or broadcast or publication media;
• not to resell or make commercial use of the Sites;
• not to make derivative uses of the Sites;
• not to use, frame or utilize framing techniques to enclose any KEXP trademark, logo or other proprietary information;
• not to express or imply that any statements you make are endorsed by KEXP;
• not to reverse engineer, disassemble, or otherwise attempt to create or derive the source code underlying the Sites;
• not to use or access the Sites to build a similar or competitive product or service;
• not to attempt to probe, scan or test the vulnerability of any Sites or to breach or tamper with the security or authentication measures of the Sites or our systems;
• not to submit viruses or other malicious code to or through the Sites;
• not to submit User Generated Content that, in our sole judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Sites; and
• not to use the Sites to transmit “spam” or other unauthorized commercial communications.

7. Suspension & Termination

We reserve the right (a) to immediately and without notice suspend or terminate your access to or use of the Sites if we reasonably believe that you have violated these Terms, (b) to, in our sole discretion, remove any User Generated Content or other material that breaches these Terms or is otherwise objectionable, and (c) to modify the Sites or to suspend or stop providing all or portions of the Sites at any time. You also have the right to stop using the Sites at any time. We are not responsible for any loss or harm related to your inability to access or use the Sites.

8. Privacy

Our collection and use of your personal information via the Sites is described in our Privacy Policy. By accessing or using the Sites, you acknowledge that you have read and understand the Privacy Policy, as updated from time to time.

9. Consent to Text Messages and Other Communications.

This Section 9 applies only to users in the United States. You consent to receive from or on behalf of KEXP communications containing service-related information (including technical notices, updates, security alerts and support and administrative messages), and/or sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, text messages, email, over-the-top messaging platforms (such as WhatsApp), and other electronic means, at any phone number or email address you provide to us, even if your phone number is on the national or any state’s do-not-call registry. Your carrier's normal messaging, data and other rates and fees may apply to these communications. You are not required to provide this consent to receive autodialed sales, marketing, or advertising messages as a condition of purchasing anything or using the Sites, and you may opt-out of receiving such messages at any time as described in our Privacy Policy (though you may continue to receive messages while we process your request).

10. Donation Refund Policy

Refunds of charitable donations made to KEXP are subject to our Donation Refund Policy.

11. Indemnification

You agree to indemnify, defend, and hold harmless KEXP and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys' fees) arising out of or relating to your access to or use of, or activities in connection with, the Sites, including, but not limited to, any musical works or other content you access via the Sites.

12. Disclaimer

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND KEXP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

While we try to maintain the timeliness, integrity and security of the Sites, we do not guarantee that the Sites are or will remain updated, complete, correct or secure, or that access to the Sites will be uninterrupted. We may need to perform maintenance on the Sites from time to time, which may result in temporary interruptions to its availability. The Sites may include inaccuracies or errors. You assume the entire risk as to the quality and performance of the Sites.

13. Limitation of Liability

KEXP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, KEXP WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF KEXP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE $50.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages, and some or all of the above disclaimers, exclusions or limitations may not apply to you.

14. Third Party Content

The Sites may make available or provide links to third party websites, content, or information (“Third Party Content”). KEXP does not control, and is not responsible for, any Third Party Content, and the availability of any Third Party Content via the Sites does not imply endorsement of, or affiliation with, the provider of such Third Party Content. Your use of Third Party Content is at your own risk.

15. Governing Law & Jurisdiction

These Terms shall be construed in accordance with the laws of the state of Washington, without reference to its conflict of law provisions, and the obligations, rights, and remedies of the Parties hereunder shall be determined in accordance with such laws. The Parties agree to the exclusive jurisdiction of the state and federal courts located in Seattle, Washington.

16. General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The respective indemnities, representation and warranties, and our rights under these Terms will survive any termination of these Terms. To the maximum extent possible under applicable local law, these Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

KEXP

Privacy Policy

Last Updated: April 19, 2024

Friends of KEXP is a nonprofit arts organization fostering relationship and community building through broadcast, online, and in-person music experiences. KEXP is referred to below as “KEXP,” “we,” “our,” or “us”. We respect your privacy and are committed to protecting it through compliance with this Privacy Policy.

This Privacy Policy describes how we may collect and use information about you when you visit and use the KEXP website at www.kexp.org, use our mobile app, or use other software, applications, or websites operated by us now or in the future, or otherwise communicate with use directly (including via email, text message, or other electronic messaging between you and us). We refer to such interactions, collectively, as your use of the “Service”.

We may update or modify this Privacy Policy from time to time. If we make material changes, we will revise the “Last Updated” date above, and we may also choose to send you a notification of these changes. We encourage you to review this Privacy Policy frequently to stay informed about our privacy practices and how you can exercise your options related to those practices. Your continued use of our Service will constitute your understanding and acknowledgement of this Privacy Policy. If you do not agree with this Privacy Policy or any subsequent updates, you must stop using the Service.

1. Information We Collect

We may collect the following types of information about you when you use the Service:

Information You Provide to Us

We collect information that you provide to us when you use the Service, for example when you stream our music programming, make a purchase from or a donation to KEXP, or contact us directly with questions or feedback. This information may include:

• Identifiers, such as your name, email address, telephone number, physical address, or birthdate;
• Purchase or donation information, such as purchase or donation date or amount; and
• User Generated Content, such as personal information you include in comments, content submissions, or survey responses.

Note that if you make purchases or donations via the Service, you may be required to provide financial information, such as your credit or debit card number, to our third-party payment processor. We do not collect or store such financial information and we are not responsible for the payment processor’s data collection or storage.

Information We Collect Automatically

We may automatically collect information about you when you access the Service. This information may include the following:

• Device information, such as device model, operating system language and version, unique device or personal identifiers, mobile network information, IP address, browser type or general location information (such as city, state, or geographic area); or
• Activity information, such as when you accessed the Service, which pages you viewed, and which sites you visited before and after accessing the Service.

How We Use Cookies

We collect and store some of the information described in this subsection by using cookies and other similar technologies like pixels, tags, and web beacons (collectively, “Cookies”). Cookies are small strings of information that a website you visit transfers to your browser. Cookies can be used to track your internet activity, remember your preferences, improve your user experience, or support marketing activities like targeted advertising. Some cookies are necessary to operate a website, while others are not. You can decide if and how your device will accept cookies by configuring your browser settings (see below under “Your Privacy Choices” → “Cookies”). If you choose to reject cookies, you may not be able to use certain features of the Service. You can find more information on cookies from the Federal Trade Commission.

Information We Collect from Third Parties

We may collect information about you from third parties including affiliates, partners with whom we offer co-branded services or engage in joint marketing activities, and publicly available sources.

We may also allow third parties to place their own cookies on the Service that help us with measuring site traffic, analytics, experience personalization, or showing you advertisements that we believe may be of interest to you. The information collected and stored by these third parties is subject to their own privacy policies and practices. Some examples of third party cookies are below:

• Functionality cookies. Functionality cookies help us enhance how the Service works, including by remembering your specified preferences. Some examples of third-party functionality cookies on the Service are JW Player and the University of Washington.
• Analytics cookies. Analytics cookies help us analyze how you use the Service**, **including by tracking how you interact with the Service, which pages you visit, and errors you may encounter. Some examples of third-party analytics cookies on the Service are Google Analytics and Google Firebase.
• Advertising cookies. Advertising cookies help us deliver ads to you on third-party websites and applications, including across devices. Some examples of third-party advertising cookies on the Service are AdsWizz, Google Ads, Google Dynamic Remarketing, and Google Signals.

We may aggregate and/or anonymize personal information so that it will no longer be considered personal information, because it cannot be reasonably linked to a specific individual. We may do this to generate data sets for our use, which we may use and disclose for any purpose.

2. How We Use Your Information

We may use the information we collect about you to serve the following purposes:

• to provide the Service to you;
• to personalize your experience using the Service (e.g., offering you a local music stream based on your general location);
• to solicit and accept your donations;
• to manage our relationship with you, including responding to your inquiries, providing you with notices, and requesting your feedback;
• to administer promotions and events;
• to market the Service to you;
• to show you advertisements that we or our advertising partners believe may be of interest to you;
• to analyze your use of our Service;
• to improve and enhance our Service;
• to detect and protect against security incidents or fraudulent or unlawful activity;
• to comply with legal and regulatory requirements;
• to execute any other purpose as described to you at the time such information is collected; or
• for other purposes at your direction or with your consent.

3. How We Disclose Your Information

We may disclose your information to third parties as follows:

• Service Providers. We use and may share your information with certain third parties to help us operate our business, including cloud service providers, data analytics providers, marketing and communications partners, e-commerce vendors, and security vendors.
• Marketing Partners. We may share your information with third parties with whom we co-sponsor events or promotions, with whom we offer joint products or services, or whose products or services may be of interest to you. We may also share limited information about you, such as a hashed email address, with our marketing partners for similar or “lookalike” audience marketing or to provide us with marketing analytics services.
• Professional Advisors. We may share your information with our professional advisors, such as auditors, accountants, or lawyers.
• **Authorities, Law Enforcement, and the Public Interest. **We may share your information to protect the legal rights, safety, or security of KEXP and our community, such as to enforce our Terms and Conditions or to prevent fraudulent or unlawful activity. We will not release any individual-level personal information to law enforcement or a government authority unless we believe in good faith that such disclosure is required by law; in those circumstances.
• Affiliates. **We may share your information with our current and future affiliate companies. Specifically, we are an affiliate of the University of Washington (“UW**”), and we may share donor information with UW so that they may help us reach our fundraising goals.
• Business Transfers. We may share your information with third parties in connection with an actual or prospective change to the control or financial status of KEXP, such as a merger, sale of our assets, financing, acquisition, or bankruptcy.

We may also share your information with other third parties at your direction or with your consent. We do not voluntarily share your information with public or private third-party databases. As noted above, we may share aggregated and anonymized information with third parties as permitted by law; this data is no longer personal information because it cannot be reasonably linked to a specific individual.

4. Your Privacy Choices

Your use of our Service is voluntary. You may decline to share certain information with us, in which case we may not be able to provide you with some or all the features and functionality of the Service.

• Emails: If you no longer wish to receive marketing emails from us, you can unsubscribe at any time by following the instructions in those emails or by visiting our Email Preference Center. Please note that even if you unsubscribe from marketing or other nonessential emails, you may still receive emails from us related to the Service, such as emails about changes to our policies.
• Text Messages: With your consent as required by applicable law, we may send communications containing Service information by autodialed, prerecorded, or artificial voice calls or SMS, or text messages, at any phone number or email address you provide in connection with your account, even if your phone number is on the national or any state’s do-not-call registry. If you no longer wish to receive text messages from us, you can unsubscribe at any time by texting “STOP” in response to a text message from KEXP.
• Cookies: Many web browsers enable cookies by default. You can change your cookie settings or disable cookies at any time by updating your browser settings. You can find more information on how to opt-out of cookies at USA.gov. You can opt-out of the Google Analytics Advertising Features we use through your Google Ads Settings, Ads Settings for mobile apps, the Google Analytics Opt-Out browser add-on, or the NAI consumer opt-out tool.
• Do Not Track Signals: We do not currently recognize or respond to automated browser signals regarding tracking, such as “Do Not Track” signals.

5. Children’s Privacy

The Service is not intended for use by children under 13 years of age. No one under age 13 may provide any personal information to or on the Service, and we do not knowingly collect personal information from children under 13. If you are under 13, you may not use the Service. If we learn we have collected or received personal information from a child under 13, we will use all reasonable efforts to delete such information. If you believe we might have any information from or about a child under 13, please contact us immediately at privacy@kexp.org with the subject line “Children’s Privacy”.

6. Information Security

We take reasonable steps to protect your personal information from loss or unauthorized use, access, disclosure, alteration, or destruction. However, it remains possible that third parties may unlawfully intercept or access transmissions or private communications and may abuse or misuse your personal information that they unlawfully collect from the Service. Additionally, we can’t guarantee the complete security of any personal information you disclose online. For example, emails sent to or from our Service may not be secure, and so you should take care when considering what information you send to us via email. To the extent permitted under applicable law, we assume no liability or responsibility for the loss, disclosure, or destruction of your personal information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

7. Information Retention

We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, or for other essential purposes, such as complying with our legal obligations, resolving disputes, enforcing our agreement, or otherwise as required or permitted by law.

8. Additional Information for UK and EEA Residents

If the processing of your personal data is subject to UK or EEA data protection law, you are entitled to exercise the following rights:

• Right to Access: You can request access to the personal data we have collected about you (note that much of that information is provided in this Privacy Policy).
• Right to Rectification: You can request that we update or correct your personal data.
• Right to Erasure: You can request that we delete personal information we have about you, subject to certain exceptions permitted by law.
• Right to Withdraw Consent: If the processing of your personal data is based on your consent, you can request to withdraw that consent for future processing. (You can also exercise this right in part by disabling or limiting the use of cookies as described above under “Your Privacy Choices” → “Cookies”).
• Right to Data Portability: You can request your personal data be provided to you in a format that can be transferred to another provider or similar services.
• Right to Object to or Restrict Processing: You may object to or request that we restrict processing your personal data in certain circumstances, such as when you believe that such processing is unlawful.
• If you are a resident of France, you may send us specific instructions regarding the use of your personal data after your death.

To exercise the above rights, please send an email to privacy@kexp.org with the subject line “[UK/EEA] Privacy Request”. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.

We rely on different lawful bases for collecting and processing personal data about you, for example, with your consent and/or as necessary to provide the services you use, operate our business, to meet our contractual and legal obligations, to protect the security of our systems and our customers, or to fulfill other legitimate interests.

9. Third Party Content

The Service may make available or provide links to websites and services provided and operated by third parties (“Third Party Content”). KEXP does not control, and is not responsible for, any Third Party Content, and this Privacy Policy does not apply to Third Party Content. We encourage you to review the privacy and security policies applicable to any Third Party Content before engaging with it.

10. Contact Information

If you have any questions about this Privacy Policy or would like to exercise your data protection rights, you can reach us at privacy@kexp.org. You may also contact us at the below address:

KEXP
Attn: Privacy
472 1st Ave N.
Seattle, WA 98109