Air America Terms & Conditions
1. Overview
Welcome to Air America’s website, AirAmerica.com. If you choose to visit AirAmerica.com, or use any of the features of this site (the “site”), you will be agreeing to abide by all of the terms and conditions of this Agreement between you Air America Media on the internet (“AirAmerica.com”), an Internet service Air America Media (“Air America”).
Air America may change, add or remove portions of this Agreement at any time, which shall become effective immediately upon posting. It is your responsibility to review this Agreement prior to each use of the Site and by continuing to use this Site, you agree to any changes. Your continued use of the service now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications. You may contact us about these Terms & Conditions or cancel your subscription to the site any time by using the contact form at http://www.airamerica.com/contact.
Air America may change, suspend or discontinue any aspect of the site at any time, including the availability of any site feature, database, or content. Air America may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability.
Notwithstanding any of the foregoing, nothing in this Member Agreement will serve to preempt the promises made in Air America’s Privacy Policy.
You agree to report any copyright violations of the Member Agreement to Air America as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained on Air America.com, please notify us immediately at http://www.airamerica.com/contact.
2. Air America Content
The content of the site is intended for your personal, noncommercial use. All materials published on the site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “content”) are protected by copyright, and owned or controlled by Air America Media, AirAmerica.com, or the party credited as the provider of the content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the site.
The site and its contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (unless granted permission to do so), create new works from, distribute, perform, display, or in any way exploit, any of the content or the site (including software) in whole or in part.
You may download or copy the content and other downloadable items displayed on the site for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any content for other than personal use is expressly prohibited without prior written permission from Air America Media, or the copyright holder identified in the copyright notice contained in the content.
The content of the site is owned or licensed to AirAmerica.com. Certain content is furnished by third parties which will not be liable for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
3. Podcasting with Air America OnDemand
Air America’s audio, video and podcasting service (“OnDemand”) consists of news and information files (“OnDemand content”) that may be accessed online or downloaded to your computer and/or transferred to your portable MP3 player.
OnDemand content is available only for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards OnDemand content, are strictly prohibited. You may not edit or modify or redistribute OnDemand content or links supplied by AirAmerica.com.
Air America’s OnDemand content is protected by U.S. and international copyright laws. Air America Media owns all rights including copyright to the OnDemand content, and to Air America media logos and trademarks used in connection with OnDemand.
Right to Discontinue OnDemand Service: AirAmerica.com reserves the right to discontinue providing any or all of the OnDemand service at any time and to require you to cease displaying, distributing or otherwise using any or all of the OnDemand content for any reason including, without limitation, your violation of any provision of this Member Agreement.
Air America assumes no liability for any of your activities in connection with OnDemand content including use in connection with your Web site, computer or MP3 player.
4. User-Generated Content and Submissions
(a) You shall not upload to, or distribute or otherwise publish on to the service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
(b) Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
(c) Use respectful language. Like any community, the online conversation flourishes only when our users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
(d) Air America encourages active discussions and welcomes heated debate on the site. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.
The Service shall be used only in a noncommercial manner. You shall not, without the express approval of Air America, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
You acknowledge that any submissions you make to the service (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “submission”) may be edited, removed, modified, published, transmitted, and displayed by Air America and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the site may also be included in our RSS feeds, APIs and made available for republishing through other formats.
You grant Air America Media a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the submissions, which includes without limitation the right for AirAmerica.com or any third party Air America designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any submission posted by you on or to AirAmerica.com or any other Web site owned by Air America Media, including any submission posted on AirAmerica.com through a third party.
You are solely responsible for the content of your Submissions. However, while Air America does not and cannot review every submission and is not responsible for the content of these messages, we reserve the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
By making a submission, you are consenting to its display on the site and for related online and offline promotional uses.
5. Access and Availability of Service and Links
AirAmerica.com contains links to other related World Wide Web Internet sites, resources, and sponsors of AirAmerica.com. Since AirAmerica.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
6. Representations and Warranties
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Air America Media and AirAmerica.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Air America reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Neither Air America Media nor AirAmerica.com represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The service and all downloadable software are distributed on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of the service is at your sole risk.
7. Registration and Security
As part of the registration process, you will select a password and username. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a username of another person with the intent to impersonate that person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username that AirAmerica.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of AirAmerica.com.
You shall notify http://www.airamerica.com/contact of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You must be 13 years or older to subscribe to all parts of the site. You must be 16 years or older to subscribe to Air America OnDemand Plus.
You are responsible for all usage or activity on your Air America Media account, including use of the account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at AirAmerica.com’s sole discretion, and AirAmerica.com may refer you to appropriate law enforcement agencies.
8. Fees and Payments
AirAmerica.com reserves the right at any time to charge fees for access to portions of the site or the site as a whole. However, in no event will you be charged for access to the site unless we obtain your prior agreement to pay such charges. Thus, if at any time AirAmerica.com requires a fee for portions of the site that are now free, AirAmerica.com will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the service by AirAmerica.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
9. Communication between Air America and Our Users
If you indicate on your registration form that you want to receive such information, AirAmerica.com, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.
AirAmerica.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
AirAmerica.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information please read the Privacy Policy of AirAmerica.com.
AirAmerica.com may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Web site and existing or prospective products and services. This information will be used to improve our Web site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
10. Software Licenses
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service (“Access Software”). You may not sublicense, assign or transfer any licenses granted by AirAmerica.com and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
11. Termination
You may terminate your account at any time by contacting us through the form at http://www.airamerica.com/contact. AirAmerica.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.