Wave Farm Privacy Policy and Terms of Service

Wave Farm Privacy Policy

This Privacy Policy explains the types of information we collect through our websites on which this Privacy Policy is posted (each, a “Site”), how we will use, disclose and protect this information once it is collected, and how you can opt-out of some of our uses of your information.

By visiting our Site, you agree to the terms of this Policy as they may be amended from time to time. Here are a few general principles to keep in mind as you read through this Privacy Policy:

The Site is owned and operated by Wave Farm Inc., or one of the programs (referred to collectively in this policy as “we,” “us,” “our,” and other similar pronouns).

This Privacy Policy does not apply to and is not directed at children under the age 13. Children under 13 are not authorized to use the Site. By logging onto and using the Site, you affirm that you are 13 years of age or older.

This Policy is incorporated into, and part of, our Terms of Use, which govern your use of the Site as a whole.

This Policy does not apply to information that you may provide to us, or that we may obtain, other than through our Site, such as over the phone, by mail, or in person.

If you are located outside of the United States, you should know that the information you provide to us is being transmitted to us and processed in the United States and will be protected subject to this Privacy Policy and United States laws, which may not be as protective as the laws in your country. Also, this Site places cookies and local shared objects on your computer or device, which are further described below. By using the Site, you agree to this.

Opt Out

You may tell us that you do not want to receive communications from us, by sending us an e-mail with a subject matter of “unsubscribe” to info@wavefarm.org. Please understand that it may take us a few days to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and other communications with us.

What information is collected on this Site?

User-Provided Information

“Personal Information” is information that can be used to identify you as an individual or allow someone to contact you, as well as information attributed with such information. We collect Personal Information such as your name, postal addresses, e-mail addresses, telephone numbers, credit card and/or debit card information, and instant messaging addresses. For example, we collect Personal Information when you conduct a transaction on our Site, create an account on our Site, sign up to receive e-mails or newsletters from us, complete surveys, contribute to a chat room, bulletin board, list serve, blog, wiki or other social forum on the Site, or submit a comment or question to us using a “contact us” or similar feature on the Site.

Site Usage Information

As is the case with many websites, our servers automatically collect your IP address when you visit the Site, and we may associate that with your domain name or that of your Internet access provider.

We may also capture certain “clickstream data” pertaining to your Site usage. Clickstream data includes, for example, information about your computer or device, web browser and operating system and their settings, the referring page that linked you to the Site, the pages or ads you see or click on during your visit and when and for how long you do so, items you download, the next website you visit when you leave the Site, and any search terms you have entered on the Site or a referral site.

In addition, we may deploy various tracking technologies on the Site to collect additional information about your Site visits.

For example:

Cookies are small data files stored on your computer or device at the request of a website. A cookie may enable us to recognize you as the same user who was at our Site in the past, and relate your use of the Site to other information about you, such as your Site usage information and Personal Information. Cookies may also be used to enhance your experience on the Site (for example, by storing your username) or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, inhibit or preclude your use of the Site or its features.

Local shared objects, such as “Flash cookies,” may be stored on your computer or device using a media player or other software installed on your computer or device. Local shared objects operate a lot like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings.

HTML5 (the language some websites are coded in) may be used to store information on your computer or device about your Site usage activities. This information may be retrieved by us to determine how our Site is being used by our visitors, how it can be improved, and to customize it for our users.

Cache cookies, such as “eTags,” may be used to identify your computer or device as the same computer or device that visited our Site or another website in the past. • Browser history sniffing may be used to enable us to detect whether you have visited a webpage of ours or of someone else’s in the past by determining whether its URL is located in the list of URLs stored in your web browser’s history file.

Browser fingerprinting can enable us to recognize your computer or device as the same one that has been used to visit our Site in the past based on various detectable information from your computer or device that, together, can be used as a “fingerprint” of your computer or device.

A pixel tag (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just onepixel – that can be placed on a webpage or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our webpages.

These tracking technologies may be deployed by us and/or by our service providers or partners on our behalf. These technologies enable us to and relate your Site usage information to other information about you, including your Personal Information. By using our Site, you agree to our use of these tracking technologies.

How is your information used?

We may use the information we collect from and about you to perform the following business functions:

  • processing and fulfilling your transactions
  • administering the Site and your account with us, if any
  • responding to your requests, questions, and concerns
  • developing new features and offerings on the Site
  • sending you information and updates, including information about organizational programs, activities, products, services, events, and opportunities that we think might interest you
  • protecting our rights and property
  • tailoring information displayed to you on our Site and elsewhere to your interests and history with us
  • To perform the above functions, we may match information collected from you through different means or at different times, including both Personal Information and Site usage information, and use such information along with information obtained from other sources (including third parties) such as demographic information and updated contact information. We may also use your information to assess the level of interest in, and use of, the Site, our e-mails and our other messaging campaigns both on an individual basis and in the aggregate.

    Social Networking

    We may maintain presence on several social networking and blogging platforms, such as Facebook, Instagram, Wave Farm, and we also may incorporate some third party social networking features onto our Site. Through these platforms and features, we receive some Personal Information and some Site usage information about you, and this Privacy Policy applies to that information as well, to the extent we collect it ourselves. Keep in mind that third party social networking platforms have their own privacy policies which explain how the third parties that provide them will use and protect your information, separately from this Privacy Policy.

    Do we share Personal Information and Site usage Information with others?

    Yes. We may share the information with third parties who need your information in order to provide services to us (or on our behalf). We may also share what you voluntarily post to public areas on the Site with other Site users. Finally, we may also share information when we believe in good faith that disclosure is necessary to protect our rights or property, protect your safety or the safety of others, investigate fraud or respond to a government, judicial or other legal request, or to comply with the law.

    In addition, we may share non-personally identifiable Site usage information (including aggregate data) with others in a form that does not include your name or contact information.

    Wireless Addresses

    If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages from us at such address unless and until you tell us not to send messages to that address, by following the instructions in the Opt-out section above. You may change your e-mail preferences at any time, but your wireless carrier’s standard rates will apply as long as you are receiving messages at a wireless e-mail address. If you give us a wireless e-mail address, you represent that you are the owner or authorized user of the device on which messages will be received and that you are authorized to approve the applicable charges.

    Public Forums

    When you contribute to a public area or feature of our Site, such as a chat room, bulletin board, list serve, blog, wiki or other communication or community tool or area, the information that you submit or post will be made available to the general public. For this reason, we recommend that you do not submit any sensitive information, including your name, home address, phone number, or other information that would enable other users to locate you, or financial information on these areas of our Site.

    Security

    While we endeavor to protect the security and integrity of sensitive Personal Information collected on this Site, we cannot guarantee that information will be absolutely safe from intrusion during transmission, while stored on our system, or when otherwise in our care. If you correspond with us by e-mail, or using the “Contact Us” feature on the Site (if available), you should be aware that your transmission might not be secure. A third party could view the information you send in transit. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. If we make this feature available and you create an account on our Site, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any activity that occurs using your account credentials, whether or not you authorized such activity. Please notify us of any unauthorized use of your password or account or any other breach of security. If we believe that the security of your Personal Information in our care may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances at the mailing address we have on record for you.

    “Linked-To” Web Sites

    The Site may contain links, banners, widgets or advertisements that lead to other websites. We are not responsible for these other sites, and so their posted privacy policies (not this Privacy Policy) will govern the collection and use of your information on them. We encourage you to read the privacy statements of each website visited after leaving the Site to learn about how your information is treated by others.

    Phishing

    Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use “spoofed” e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging sensitive Personal Information such as credit card numbers, account usernames, passwords, and Social Security Numbers. WE DO NOT SEND E-MAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION OR YOUR USERNAME OR PASSWORD! If you receive such e-mail communication, please forward it immediately to the Site’s Privacy Administrator at [info@wavefarm.org], and then immediately delete the fraudulent e-mail from your computer.

    Consent to Processing

    By providing Personal Information to this Site, you consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, pursuant to the laws of the United States, which may provide lesser privacy protections than the laws of other countries.

    Changes to this Privacy Policy

    We may change this Policy from time to time. When we do, we will post the changed Privacy Policy on this page. In some cases, we may also tell you about changes by additional means, such as by sending an e-mail to the e-mail address we have on file for you. Contact Us If you have any questions or comments regarding our privacy practices, you may contact us at:

    Wave Farm
    5662 Route 23
    Acra, NY 12405
    Email: info@wavefarm.org
    Phone: 518-622-2598

    Wave Farm Radio App Privacy Statement

    Adopted from Twitter and Periscope

    The Wave Farm Radio app allows users to listen to live audio from any of the Wave Farm webstreams and partner streams. Users may also create custom playlists from thousands of archived audio files. Wave Farm transmit partners and WGXC broadcast partners may now stream their own audio feeds from their iPhones and iPads.

    Wave Farm Radio is one of the Services covered by the Wave Farm Privacy Policy, which describes how we treat your information when you use our products and services, including Wave Farm Radio. The following describes practices that are specific to Wave Farm Radio.

    Wave Farm Radio is designed to help partners stream publicly all around the world.

    When you stream audio, your transmission is public by default. This includes the metadata provided with your broadcast.

    You do not have to have login credentials to listen to public transmissions. You do need login credentials to transmit audio.

    If you request to become a Wave Farm Transmit Partner or WGXC Broadcast Partner, you may be asked to provide some personal information, such as information about your planned use, your phone number and email address, etc.

    We use and store information about your location to provide features of our Services, and to improve and customize the Services. We may revise this Privacy Statement from time to time. The most current version of this Statement will always be at wavefarm.org/privacy.

    Effective January 31, 2018

    Terms of Service

    These Terms of Service (“Terms”) govern your access to and use of the Wave Farm Website (wavefarm.org) and the Wave Farm Radio App, operated and provided by Wave Farm, Inc. and Wave Farm’s non-commercial radio station WGXC 90.7-FM (collectively, the “Services”). Any information, materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

    1. Who May Use the Services
    2. Privacy
    3. Content on the Services
    4. Using the Services
    5. Disclaimers and Limitations of Liability
    6. General

    1. Who May Use the Services
    You may use the Services only if you agree to form a binding contract with Wave Farm and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

    2. Privacy Our Privacy Policy and the Wave Farm Radio App Privacy Statement (https://www.wavefarm.org/privacy) describe how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, and/or other countries for storage, processing and use by Wave Farm and its affiliates.

    3. Content on the Services You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

    Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

    We respect the intellectual property rights of others and expect users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at:

    Wave Farm, Inc.
    Attn: Executive Director
    5662 Route 23
    Acra, NY 12405
    Email: info@wavefarm.org

    Your Rights

    You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your audio is part of the Content).

    By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Wave Farm to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Wave Farm, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

    Wave Farm has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

    4. Using the Services

    The Basics

    While there are a number of factors that we evaluate to determine whether or not we remove content, there are are some basic rules that everyone using the Wave Farm Radio App should follow.

    Do not post content that:
    Adopted from Twitter and Periscope Depicts pornography or sexual acts. This includes intercourse, masturbation, and sexual nudity. Nudity that is intentionally artistic, educational, or associated with newsworthy events may be acceptable. We also have zero tolerance for any form of child sexual exploitation. Promotes or depicts unnecessary violence or graphic imagery. We understand that sometimes graphic content can be newsworthy, so we may allow broadcasts that are deemed as such. Encourages, promotes, or depicts self-harm or suicide. When we receive reports that a person is threatening suicide or self harm, we may take a number of steps to assist them, such as reaching out to that person expressing our concern and providing resources such as contact information for our mental health partners. Is spammy. This includes broadcasting for the sole purpose of directing users to an external site or service or posting deliberately misleading broadcast titles. Has an unlawful purpose or furthers illegal activity. We ask that you agree to comply with all local laws regarding online conduct and acceptable content. Infringes on another's intellectual property.

    Please note that breaking the Guidelines outlined here may result in the removal of your content and/or the temporary or permanent disabling of your account.

    Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.

    In consideration for Wave Farm granting you access to and use of the Services, you agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.

    You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Wave Farm’s computer systems, or the technical delivery systems of Wave Farm’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Wave Farm (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Wave Farm (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Wave Farm is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Wave Farm, its users and the public. Wave Farm does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

    Your Account

    You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

    Your License to Use the Services

    Wave Farm gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Wave Farm, in the manner permitted by these Terms.

    The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Wave Farm name or any of the Wave Farm trademarks, logos, domain names, and other distinctive brand features without prior permission in writing. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Wave Farm and its licensors. Any feedback, comments, or suggestions you may provide regarding Wave Farm, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

    Ending These Terms

    You may end your legal agreement with Wave Farm at any time by deactivating your accounts and discontinuing your use of the Services. In order to deactivate a partner account email info@wavefarm.org.

    We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer viable. We will make reasonable efforts to notify you by the email address associated with your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 3, 5, and 6.

    5. Disclaimers and Limitations of Liability The Services are Available “AS-IS”

    Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Wave Farm Entities” refers to Wave Farm, its affiliates, divisions, programs, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE WAVE FARM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Wave Farm Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Wave Farm Entities or through the Services, will create any warranty or representation not expressly made herein.

    Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WAVE FARM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE WAVE FARM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    6. General

    We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at wavefarm.org/privacy, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

    The laws of the State of New York, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Wave Farm. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Greene County, New York, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

    If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

    In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Wave Farm’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

    These Terms are an agreement between you and Wave Farm, Inc., 5662 Route 23 Acra, NY 12405 U.S.A. If you have any questions about these Terms, please contact us.

    Effective: January 31, 2018

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