Terms of Use
This site, www.881thepoint.com, is operated by the students enrolled in the TV/Radio
Production Program at Iowa Central Community College (“KICB”). These Terms of Use
apply exclusively to your access to, and use of, our site so please read them carefully.
The do not alter in any way the terms or conditions of any other agreement you may
have with us for other products or services.
We reserve the right to change or modify any of the terms and conditions contained
in our Terms of Use, at any time and in our sole discretion. Any changes or
modification will be effective upon posting of the revisions. Your continued use of this
site following the posting of such revisions will constitute your acceptance of such
changes or modifications. Therefore, you should frequently review these Terms of Use
from time to time to understand the terms and conditions that apply to your use of
the site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE
FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT
MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Copyright Notice and License
All copyrighted and copyrightable materials on this site including, without limitation,
the KICB logo, Iowa Central logo, design, text, graphics, pictures, playlists, webcasts
and sound files, and other files, and the selection and arrangement thereof
(“Materials”) are and will remain the exclusive property of KICB (or its licensors), all
rights reserved. Except as stated herein, none of the Materials may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording or otherwise, without the prior written permission of us and
any third-party copyright owner.
You are granted a limited, non-sublicensable right to access this site and print the
Materials for your personal, non-commercial, and informational use only. Such grant
does NOT include the right to:
(a) copy, publish, display, publicly perform, or distribute any Materials, including
reproduction on any computer network or broadcast or publication media;
(b) resell or make commercial use of the site or the Materials;
(c) systematically collect or use any data or content, including the use of any data
mining, robots, or similar data gathering and extraction methods; or
(d) make derivative uses of the site or the Materials;
(e) use, frame or utilize framing techniques to enclose any KICB or Iowa Central
trademark, logo or other proprietary information (including the images found at this
site, the content of any text or the layout/design of any page or form contained on a
page); or
(f) use any meta tags or any other “hidden text” utilizing a KICB name, trademark, or
product name.
Except for the limited license granted to you, you are not conveyed any other right or
license by implication, estoppel, or otherwise in or under any patent, trademark,
copyright, or proprietary right of KICB or any third party. Any unauthorized use of this
site will terminate the permission or license granted by these Terms of Use and may
violate applicable law including copyright laws, trademark laws (including trade
dress), and communications regulations and statutes.
Copyright Agent
We respect the intellectual property rights of others. If you believe that your work has
been copied in a way that constitutes copyright infringement by any content or
material on this site (or any other digital platform we use), please provide the
following information in writing to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for
further detail):
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 email 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.
Our Copyright Agent can be reached as follows:
Alan McNeil
KICB
One Triton Circle
Fort Dodge, IA 50501
Phone: (515) 574-1213
Email: mcneil@iowacentral.edu
Only DMCA notices should be sent to the Copyright Agent. For other comments or
questions regarding these Terms of Use, please contact kicb@iowacentral.edu.
Webcasts
KICB is the copyright owner of or an authorized licensee for all webcasts (including all
compositions and sound recordings contained therein), whether simulcast or
archived, distributed on this site. You may stream the webcasts from the site for your
personal, non-commercial use only. The webcasts, or any song contained within a
webcast, may not 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 a webcast or any
portion thereof to a computer hard drive or other storage medium.
Trademarks Notice
KICB, our logo, and the products and services described in this site, are either
trademarks, service marks or registered trademarks of KICB or its licensors, and may
not be copied, imitated or used, in whole or in part, without our prior written
permission. In addition, all page headers, custom graphics, button icons, and scripts
are service marks, trademarks, and/or trade dress of KICB, 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 KICB 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.
Linking
You may not use our logo or other proprietary graphic or trademark to link to this site
without our express written permission. This limited right may be revoked at any
time. We make no claim or representation regarding, and accept no responsibility for,
the quality, content, nature or reliability of sites accessible by hyperlink from this site,
or other sites linking to this site. The linked sites are not under our control and we are
not responsible for their content. We are providing these links to you only as a
convenience, and the inclusion of any link does not imply affiliation, endorsement, or
adoption by us of the site or any information contained therein. When leaving this
site, you should be aware that our terms and policies no longer govern, and,
therefore, you should review the applicable terms and policies, including privacy and
data gathering practices, of that site.
Disclaimers
THIS SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE
THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY,
DOWNLOADED OR ACCESSED FROM OR THROUGH, THIS SITE IS ACCESSED AT YOUR
SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION,
MATERIALS, AND CONTENT ON THIS SITE. WE DO NOT REPRESENT OR WARRANT
THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR
OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE WE ATTEMPT TO
ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT
REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL KICB BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THIS SITE OR THE MATERIALS.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with
the laws of the State of Iowa, USA without resort to its conflict of law provisions. A
dispute related to your use of the site shall be brought exclusively in the state or
federal courts located in Webster County, Iowa.
Donation Refund Policy
Refunds of charitable donations will be given upon request. Refunds will be made in
the same form of payment as the contribution, within 2 weeks of written request.
General Terms
Notwithstanding anything else in these Terms of Use, we reserve the right, without
notice and in our sole discretion, to terminate your license to use the site, and to
block or prevent future access to and use of the site. If any provision of these Terms
of Use shall be deemed unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from the remaining provisions of these Terms of
Use and shall not affect the validity and enforceability of such remaining provisions.