Privacy Policy/Terms of Service

PRIVACY POLICY

At KSDS-FM, we recognize the importance of privacy to visitors of our Web site and web-related applications. This privacy policy explains what type of information is collected from you when you visit our Web site, App(s) and social media platforms and how that information may be used.

Gathering of Information

Jazz88.org collects personally-identifying information (such as your name, e-mail address, address, telephone number and/or credit card information) from the Jazz88.org Web site only if you choose to provide that information to us.

Jazz88.org asks visitors to provide certain personal information when they request a transcript and/or audio CD of Jazz88.org programs, when they e-mail a page of the Jazz88.org Web site to another person, when they subscribe to Jazz88.org, and when they register for any online contests/giveaways. Jazz88.org also may ask visitors to provide personal information in other limited circumstances specified at the time the information is gathered.

Like all other Web servers, Jazz88.org's Web server automatically creates log files for each visitor who accesses our site. These "access logs" allow us to make our site more useful to our visitors. The access logs do NOT record a visitor's name, address, phone number, credit card numbers, or any other personally-identifying information. Rather, they contain some or all of the following information:

• The Internet Protocol Address (IP Address) of the machine which accessed our Web site.
• The date of the visit.
• The time of the visit.
• The path taken through our Web site.
• The type of computer and browser being used.
• A list of files downloaded or viewed.
• The amount of time spent listening to the audio stream or audio files.
• Any errors encountered.

Cookies

Jazz88.org also uses 'cookies' to identify visitors. A cookie is a very small piece of information that is stored by your browser in your computer. It is sent to you by the web site you are visiting, for the purpose of reading that very same piece of information later, when you return to the same site or page. Only the Web site that set the cookie can read it, and it can only be used as a record keeping device to store information that the site already has. It cannot, for example, be used to read other information from the user's hard drive.

Jazz88.org uses cookies to track anonymous users' activity through the site in order to improve the site's architecture, to offer the user interactive features that would not be possible without them, and to recall specific information to save the user time during subsequent visits to the site. For example, if you have signed in to our membership area, then the cookies allow Jazz88.org to present you the content customized by you. Our sponsorship service vendors, which serve sponsorship messages onto our site, and vendors that measure the use of Jazz88.org, may also use their own cookies. If you wish to prevent certain or all cookies from being set to your computer you may disable them in your browser's preferences, although your browser might then be unable to accommodate certain functionalities on Jazz88.org.

Keep Me Logged In

Use of Information

The use of personally-identifying information is limited to the following: responding to user e-mails; listing name and location (city, state and/or country) information provided by users when publishing user e-mails or other submissions; fulfillment of transcript and/or audio CD orders; fulfillment of subscriptions; contest management; editorial purposes such as contacting users for an online survey; sending communications, including marketing and promotional communications, from Jazz88.org or Jazz88.org member stations to users who have 'opted in' to the receipt of such communications; other internal Jazz88.org or Jazz88.org member station purposes; and other purposes specified at the time the information is gathered.

In addition, if you send an e-mail, story idea, essay and/or other submission ("Submission") to Jazz88.org through our Web site, we may print that Submission, or an excerpt from it, on the Jazz88.org Web site, read it on air, or otherwise publish it in any other medium, together with your name and location (city, state and/or country) if you provide that information to us.

Personally-identifying information collected by Jazz88.org is not provided to outside parties, Jazz88.org service vendors (such as Jazz88.org's transcript and audio CD fulfillment service, and Jazz88.org's email list manager), and other third parties when the user specifically consents to such distribution. In these circumstances, the information is provided for the sole purpose of -- and only to the extent necessary for -- delivering the requested transcript, audio CD, or goods to the user, delivering communications from Jazz88.org or Jazz88.org member stations to users who have 'opted in' to the receipt of these communications, or serving other internal Jazz88.org or Jazz88.org member station purposes.

Jazz88.org also may disclose personal information if required to do so by law or if it believes that such action is necessary to (a) comply with the law or with legal process, (b) protect against misuse or unauthorized use of the Jazz88.org Web site, or (c) protect the personal safety or property of Jazz88.org Web site users, the public or Jazz88.org and its employees.

If you do not want your personally-identifying information to be collected or used for any of these purposes, you can simply 'opt out' according to the process described below.

Jazz88.org uses non-identifying aggregate information to analyze use of and better design the Jazz88.org Web site and to share with third parties in aggregate form only as appropriate. For example, we may tell a third party that a certain number of users accessed a particular audio stream on our Web site. However, we will not disclose any information that could be used to identify those users.

Security

Jazz88.org has in place what we believe to be appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Credit card information provided to the Jazz88.org for subscription purposes is protected against unauthorized use by 128-bit encryption and Secure Sockets Layer (SSL) security features, which scramble your personal information so that only your web browser and our Web site's server can decipher it.

Children

Under 13: You must be at least 13 years old in order to order Jazz88.org CDs and transcripts. If you are under 13 years of age, please do not send any information about yourself, including your name, address or e-mail address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.

13-18: Unless otherwise specified, you must be at least 18 years old in order to participate in any online contests. Visitors between the ages of 13 and 18 must obtain permission from their parents or guardians before ordering Jazz88.org CD's or transcripts, or otherwise sending any personally-identifying information.

Corrections to Personal Data; Opting Out

Please contact us to a) correct or update any personal information in the Jazz88.org database that you state is erroneous, b) opt-out of future communications from Jazz88.org or c) request Jazz88.org to make reasonable efforts to remove your personal information from the Jazz88.org Online database. The user understands that it may be impossible to delete personal information entirely because of backups and records of deletions.

Acceptance of Privacy Policy Terms

Jazz88.org reserves the right to change this policy. Any changes to this policy will be posted to this page as soon as reasonably possible, so please check this page periodically. Use of the Jazz88.org Web site constitutes consent to any policy then in effect. Please make sure that you read Jazz88.org's Terms of Use to understand additional terms and conditions which apply to the use of our Web site.

If you have any questions or comments concerning our privacy policy, please Contact us via email, or send a letter to:

Links to other Sites

It is important to note that the Jazz88.org Web site contains links to other sites that may not follow the same privacy policies as the Jazz88.org Web site. For instance, clicking on a sponsorship notice on Jazz88.org.org will take you to an entirely different site. These sites may use cookies, collect data, and use the data in ways that Jazz88.org.org would not. Jazz88.org is not responsible for the privacy practices or any information or materials on these other sites. Please visit these sites if you wish to review their privacy policies.

TERMS OF SERVICE

Introduction/Consent to Terms

Please read these Terms of Use before using Jazz88.org.com or any features of this site, including, but not limited to, Jazz88.org archives (collectively, the "Jazz88.org Web sites" or the "Service"). By using the Service, you agree to be bound by these terms of use. If you do not agree to these terms of use, please exit the Service. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated terms of use on the Jazz88.org Web sites. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Service following the posting of updated terms of use will mean that you agree to those changes.

Copyrights

The contents of San Diego's Jazz 88.3 website, Jazz88.org, are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on the Jazz88.org Web sites without the prior written consent of Jazz88.org, except as provided below. You may listen and watch a limited amount of content for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. Any other use of Jazz88.org content requires prior written permission from Jazz88.org. For permission requests or information regarding the purchase of transcripts or tapes/CDs, contact us.

Trademarks

Jazz88.org program names are service marks of either KSDS- San Diego's Jazz 88.3 and/or Jazz88.org or the producers of the programs. All rights reserved. You may not use any KSDS/Jazz88.org service marks, logos or graphics without Jazz88.org's prior written consent.

Framing

Jazz88.org does not allow framing of its Web sites.

Links to Jazz88.org Web Sites

Jazz88.org encourages and permits links to content on Jazz88.org Web sites. However, Jazz88.org is an organization committed to the highest ethics and standards and to independent, noncommercial content, both in fact and appearance. Therefore, the linking should not (a) suggest that Jazz88.org promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use Jazz88.org content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

Jazz88.org has provided links to Internet sites maintained by third parties, over which Jazz88.org has no control. Jazz88.org does not endorse the content, operators, products or services of such sites, and Jazz88.org is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Jazz88.org shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

Use of the Service

If you use the Service, by submission of essays, e-mails or other information via Jazz88.org, you must follow a few simple rules: 

1. While we do not seek to limit expression of ideas, certain materials and language will not be tolerated. You may not post, upload or transmit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law or that constitutes hate speech. 

2. You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded, included or transmitted materials will be owned by you or in the public domain. 

3. The Service can only be used for noncommercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services. 

4. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the Service to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to other users of the Service. 

5. By posting, uploading or transmitting any material on or through the Service, you hereby grant Jazz88.org a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform or display that material, and your name and location (city, state and/or country), if you provide that information to us, in connection with that material, in all media, whether or not now known. 

6. Persons under the age of eighteen (18) MUST obtain parental permission before registering, uploading or transmitting material on or through the Service.

Rules & Guidelines for Submitting Comments on Jazz88.org

Jazz88.org allows users to submit comments anonymously or, in certain instances, with registration. Any information collected by Jazz88.org when requiring registration will be stored and used per Jazz88.org's Privacy Policy.

Jazz88.org's goal is to further the discussion of topics covered in our programs with engaging, thoughtful and civil discourse. By moderating comments Jazz88.org's intent is to create an environment for quality and substantive dialogue.

Unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.

Jazz88.org reserves the right to edit and or remove posts deemed off-topic, abusive or not in conformance with Jazz88.org's Privacy Policy and Terms of Use. Jazz88.org further reserves the right to deny a user from making further posts by blocking their registration and access to Jazz88.org.com, should the user show repeated disregard for the rules and guidelines outlined here.

No advertising or promoting is allowed.

Jazz88.org advises you to not reveal any personal information about yourself or anyone else (for example: telephone number, address, or email address or any other details) that would allow you to be personally identified.

Views expressed by users on Jazz88.org.com are theirs and unless specifically stated, are not those of Jazz88.org. Jazz88.org is not responsible for any content posted from third party websites. Links posted to Jazz88.org.com do not imply any endorsement of that site by Jazz88.org. Any use of that site by you is at your own risk.

Disclaimer

THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Jazz88.org DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES Jazz88.org MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. 

LIMITATION OF LIABILITY

IN NO EVENT WILL Jazz88.org, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL Jazz88.org, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Copyright Agent

Jazz88.org respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Jazz88.org: 

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright. 

2. a description of the copyrighted work that you claim has been infringed. 

3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material. 

4. information so that we can contact you, such as address, telephone number and e-mail address. 

5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 

6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Contact us via email, or send a letter to:

KSDS-FM
San Diego City College
1313 Park Blvd
San Diego, CA 92101

International Users

The Service is controlled and operated within the United States. Jazz88.org makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

Miscellaneous

These terms of use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Jazz88.org Web Sites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These terms of use shall be governed by and construed under State of California law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these terms of use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of California. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.

Questions

If you have any questions about the terms of use, please contact Jazz88.org. Contact us via email, or send a letter to:

KSDS-FM
San Diego City College
1313 Park Blvd
San Diego, CA 92101