PLEASE READ THESE BIGLISTEN.ORG ONLINE COMMUNITY TERMS AND CONDITIONS (“Terms and Conditions”) CAREFULLY BEFORE ACCESSING OR USING HTTP://BIGLISTEN.ORG/ (“Web site”). BY ACCESSING OR USING THE WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH MAY BE CHANGED WITH OR WITHOUT NOTICE. A CURRENT VERSION OF THESE TERMS AND CONDITIONS ARE ALWAYS AVAILABLE ON THIS PAGE, AND YOU SHOULD CHECK THIS PAGE REGULARLY FOR MODIFICATIONS.
You may use the Web site only for in a lawful manner and for lawful purposes and consistent with these Terms and Conditions. You are solely responsible for the knowledge and adherence to any and all laws, rules, and regulations pertaining to your use of the website. In addition, your use of the Website subjects you to WAMU’s Terms of Service which are available at http://wamu.org/terms_of_use and are hereby incorporated by reference into these Terms and Conditions.
You acknowledge that WAMU does not pre-screen User Content, but that WAMU shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available on the Web site. Without limiting the foregoing, WAMU has the right to remove any User Content that violates the Terms and Conditions or is otherwise objectionable. You agree and acknowledge that WAMU may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, respond to claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of WAMU, its users and the public.
By submitting any content that you upload or otherwise make available (“User Content”) on to the Web site, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to WAMU and its affiliates a non-exclusive, perpetual, worldwide license to edit, broadcast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the User Content you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party.
Your submissions are deemed non-confidential and WAMU has no obligation to maintain the confidentiality of any information.
You represent and warrant to WAMU that you have the full legal right, power and authority to grant to WAMU the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.
You are solely responsible for anything contained in your submissions, message board and/or chat sessions. WAMU does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. You may be held legally liable for the contents of your submissions, message board and chat sessions, and may be held legally liable if your submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.
Web site user submissions to the Web site do not represent the views of WAMU, American University, or any individual associated with WAMU, American University, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, WAMU’s endorsement of user submissions. WAMU does not vouch for the accuracy or credibility of any content submitted by you on the Web site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on the website. Through your use of the Web site, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using this website, you assume all associated risks.
Third Party Websites and Content
The site contains (or you may be sent through the site or the service) links to other web sites (“Third Party Sites”) as well as photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by WAMU, and WAMU is not responsible for any Third Party Sites accessed through the site or any Third Party Applications, Software or Content posted on, available through or installed from the site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by WAMU. If you decide to leave the site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the site or relating to any applications you use or install from the site.
YOU AGREE THAT YOUR USE OF THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEB SITES AND RESOURCES.
Intellectual Property Statement
All WAMU trademarks, service marks, and trade names are proprietary to American University. All materials posted by WAMU including audio, text, photographs, videos, and graphics, (hereinafter “Content”) contained on this site are protected by United States and international copyright law. Unless expressly authorized by these Terms and Conditions, you must obtain prior written permission from WAMU before using Content.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WAMU OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEB SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY WAMU OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO WAMU, IF ANY, FOR ACCESSING THE WEB SITE.
Release and Indemnification
You hereby assume all responsibility for the use of the Web site and the User Content you provided. Furthermore, you hereby release and waive any and all claims and/or liability against American University and WAMU arising from or in connection with your use of the Web site or the User Content you provided. You also agree to defend, indemnify and hold harmless American University and WAMU from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Web site, the User Content you provided, or failure to abide by the term and conditions.
These terms will be governed by and construed in accordance with the laws of the District of Columbia. You consent to the exclusive jurisdiction and venue of the courts of the District of Columbia, United States in case of any dispute connected with this site or these Terms and Conditions. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and WAMU relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions.
Last modified on: October 4, 2016