This website is owned and operated by Northwestern College and Media (“Northwestern”). These Terms of Use apply to and govern use by you of this website (the “Site”). Your use of this Site signifies your agreement to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, do not access or otherwise use this Site.

Northwestern reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Site or these terms of use, in whole or in part, at any time. Changes to these Terms of Use will be effective when posted. You agree to review these terms of use periodically to be aware of any changes. Your continued use of this Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

1. USE OF THE SITE

Northwestern grants you a non-exclusive, non-transferable, limited right to access, use, and display this Site for your personal use only, provided that you comply fully with these Terms of Use.

You agree to the following with regard to your use of the Site and Northwestern services offered thereon:

  • You may not use this Site to engage in spamming or other advertising or marketing activities that violate any applicable laws, regulations or generally-accepted advertising industry guidelines.
  • You may not use this Site in a manner that is fraudulent or otherwise illegal or promotes illegal activities, including without limitation engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes.
  • You may not use this Site in any manner that might be libelous or defamatory, or in a way that is otherwise malicious or harmful to any person or entity, or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age.
  • You may not use this Site to impersonate any person or business partner, or to obtain access to the Site without authorization.
  • You may not interfere with other users' use of the Site.
  • You may not permit a child under the age of 13 to publish information or post content on this Site.
  • Northwestern controls the operation of this Site from its office in St. Paul, Minnesota, in the United States of America, and makes no representation that this Site is appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws.

Northwestern reserves the right to take such action as it deems appropriate where the Site is used in a manner in which Northwestern deems to be in violation of these Terms of Use.

2. USE BY MINORS

This Site is intended for use by adults only.

3. COPYRIGHT AND TRADEMARK; LICENSES

The entire contents of the Site are protected under U.S. and international intellectual property laws and treaties. This Site is the property of Northwestern. 2009 Northwestern Media. All rights reserved.

Except for User Submissions, Northwestern and its affiliates, subsidiaries and licensors are the sole and exclusive owners, throughout the world, of copyright and all rights of copyright in and to the Site and materials contained thereon under the United States Copyright Act and international laws and treaties. Visitors may not copy, reproduce, or transmit any materials appearing in the Site without the express prior written permission from the copyright owner(s). Any rights not expressly granted herein are reserved.

You may use this the Site solely for your own non-commercial use where permitted. You may make not make machine readable copies or backup copies of the Site. You agree not to change or delete any proprietary notices from materials downloaded from the Site.

The Northwestern name and logo, and various other trademarks used on this Site and all related product and service marks and slogans are the service marks and trademarks of Northwestern. All other product and service marks contained on the Site are trademarks of their respective owners. You may not use any Northwestern or third party trademarks, service marks or logos without the prior written consent of Northwestern or the third party trademark owner.

4. USER SUBMISSIONS

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to post the User Submission and that you fully authorize Northwestern to include the User Submission on the Website; (ii) you have the written consent, release, and/or permission of each and every living, identifiable person in the User Submission to use that person’s or organization’s name or likeness in the manner contemplated by the Website; and (iii) your User Submission does not violate any term contained herein. Under no circumstances will Northwestern be liable or responsible in any way for any User Information, including, but not limited to, any loss or damage of any kind incurred as a result of the use or misuse of any User Information made available on the Site.

For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Northwestern a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Submissions in connection with Northwestern’s business (and its successors’ business), including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media format and through any media channel. You also hereby grant each User a non-exclusive license to access your User Submissions through the Website.

You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Northwestern is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You understand and acknowledge that you may be exposed to User Submissions and historical documents that are inaccurate, offensive, indecent, or objectionable. You further understand that you may also be exposed to User Submissions and historical documents that offend you personally but that Northwestern, in its sole discretion, determines are not inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Northwestern arising from the content of the User Submissions, historical documents or any other materials that can be viewed on the Website.

Users are strongly encouraged to notify us of any offensive, indecent, objectionable or pornographic material on the Website. We will remove any material that we, in our sole discretion, determine violates these Terms of Use, but we make no assurance that content you believe is offensive will be removed.

5. DISCLAIMER OF WARRANTIES

You understand Northwestern cannot and does not guarantee or warrant that the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site and the Internet.

THE SITE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW. NORTHWESTERN DISCLAIMS ANY WARRANTIES THAT THE SITE OR INFORMATION OR SERVICES PROVIDED THROUGH THE SITE ARE FREE OF DEFECTS OR VIRUSES AND DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.

Northwestern does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. Changes are periodically made to the information herein. Northwestern and/or its affiliates may make improvements and changes in the product(s) or the program(s) described herein at any time.

Some links on this Site may let you leave Northwestern’s Site. The linked sites are not under the control of Northwestern and Northwestern is not responsible for the contents of the linked Site, any linked Site contained in a link Site, or any changes or updates to such sites. Northwestern provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Northwestern of the Site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Northwestern has no control over and accepts no responsibility whatsoever for such materials.

6. LIMITED LIABILITY/DAMAGES

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NORTHWESTERN BE LIABLE FOR ANY CLAIM, LIABILITY, EXPENSE OR DAMAGE (WHETHER ACTUAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL) RELATING TO THE INFORMATION APPEARING ON THE SITE OR THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF NORTHWESTERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NORTHWESTERN DISCLAIMS ANY AND ALL LIABILITY FOR ACTS, OMISSIONS AND CONDUCT OF ANY USERS AND/OR CHARITABLE OR NON-PROFIT ORGANIZATIONS ON THE SITE. YOU AGREE THAT NORTHWESTERN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH CHARITABLE OR NON-PROFIT ORGANIZATIONS FOUND ON OR THROUGH THE SITE, OR AS A RESULT OF THE PRESENCE OF SUCH CHARITABLE OR NON-PROFIT ORGANIZATIONS ON THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NORTHWESTERN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR USING THE SERVICES OFFERED ON THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NORTHWESTERN’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Northwestern, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.

The provisions of these Terms of Use are for the benefit of Northwestern and its officers, directors, employees, agents, licensees, affiliates, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

8. TERMINATION

You understand and agree that Northwestern may, in its sole discretion and at any time, terminate or discontinue the Site or your access to the Site for any reason without prior notice to you. YOU UNDERSTAND AND AGREE THAT NORTHWESTERN SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF THE SITE OR YOUR ACCESS TO THE SITE.

9. MISCELLANEOUS

These terms of use shall be governed by and construed in accordance with the laws of the State of Minnesota and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Minneapolis, Minnesota, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any action relating to or arising out of your use of the Site or this Agreement. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

10. CONTACT

For any additional questions concerning the terms specified on this page, contact Northwestern:

Northwestern Media

3003 Snelling Avenue North

St. Paul, Minnesota 55113

E-mail: feedback@ktis.fm