Terms of Use
Effective date: January 27, 2026
Welcome to KMUD. These Terms of Use govern your access to and use of the KMUD website, streaming services, and related content. By accessing or using our website and services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.
1. Acceptance of Terms
By accessing, browsing, or using the KMUD website (kmud.org) and any associated services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and all applicable laws and regulations. KMUD reserves the right to modify these terms at any time. Your continued use of the website following any changes constitutes acceptance of those changes.
2. Description of Services
KMUD provides community radio broadcasting services, including live streaming audio, archived programs, program schedules, news, announcements, and related content. We also offer opportunities for donations, membership, and community engagement. KMUD reserves the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.
3. User Conduct and Responsibilities
When using our website and services, you agree to:
- Use the services only for lawful purposes and in accordance with these Terms of Use
- Not use the services in any way that could damage, disable, overburden, or impair our servers or networks
- Not attempt to gain unauthorized access to any portion of the website or services
- Not use any automated means to access the website or collect information without our express written permission
- Not impersonate any person or entity or misrepresent your affiliation with any person or entity
- Not transmit any viruses, malware, or other harmful code
- Provide accurate and complete information when making donations or registering for services
4. Intellectual Property Rights
KMUD Content
All content on the KMUD website, including but not limited to text, graphics, logos, audio clips, programs, digital downloads, and software, is the property of KMUD or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of KMUD.
Limited License
KMUD grants you a limited, non-exclusive, non-transferable license to access and use the website and stream audio content for personal, non-commercial purposes only. You may download or print content for your personal use, provided you maintain all copyright and other proprietary notices. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content without express written permission from KMUD.
Trademarks
KMUD, its logo, and other marks displayed on the website are trademarks of KMUD. All other trademarks, service marks, and logos used on the website are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, or trade name of KMUD or any third party.
5. User-Generated Content
If you submit, post, or transmit any content to KMUD, including comments, suggestions, feedback, or other materials (collectively, "User Content"), you grant KMUD a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to submit the User Content and that it does not violate any third-party rights or applicable laws.
KMUD reserves the right to remove or refuse to post any User Content that violates these Terms of Use or is otherwise objectionable, in our sole discretion.
6. Donations and Financial Contributions
Donations to KMUD are voluntary contributions to support community radio broadcasting. All donations are non-refundable except as required by law. KMUD is a nonprofit organization, and donations may be tax-deductible to the extent permitted by law. You are responsible for determining the tax-deductibility of your donation and should consult with a tax professional.
When making a donation, you agree to provide accurate payment information and authorize KMUD to charge the specified amount to your payment method. For recurring donations, you authorize KMUD to charge your payment method at the specified intervals until you cancel.
7. Third-Party Links and Content
The KMUD website may contain links to third-party websites or services that are not owned or controlled by KMUD. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that KMUD shall not be responsible or liable for any damage or loss caused by or in connection with your use of any such third-party content.
8. Disclaimer of Warranties
THE KMUD WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KMUD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
KMUD does not warrant that the website or services will be uninterrupted, error-free, or free of viruses or other harmful components. KMUD does not warrant the accuracy, completeness, or reliability of any content or information on the website. You use the website and services at your own risk.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KMUD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS 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, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the website or services
- Any conduct or content of any third party on the website
- Any content obtained from the website
- Unauthorized access, use, or alteration of your transmissions or content
IN NO EVENT SHALL KMUD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO KMUD IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless KMUD and its directors, officers, employees, volunteers, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the website or services, your violation of these Terms of Use, or your violation of any rights of another party.
11. Copyright Infringement
KMUD respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this website, please notify us in writing with the following information:
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and where it is located on the website
- Your contact information, including address, telephone number, and email address
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
12. Governing Law and Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms of Use or your use of the website shall be resolved exclusively in the state or federal courts located in Humboldt County, California, and you consent to the personal jurisdiction of such courts.
13. Termination
KMUD may terminate or suspend your access to the website and services immediately, without prior notice or liability, for any reason, including if you breach these Terms of Use. Upon termination, your right to use the website will immediately cease. All provisions of these Terms of Use that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms of Use. The remaining provisions shall continue in full force and effect.
15. Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and KMUD regarding your use of the website and services and supersede all prior agreements and understandings, whether written or oral.
16. Changes to Terms
KMUD reserves the right to modify or replace these Terms of Use at any time at our sole discretion. If we make material changes, we will provide notice by posting the updated terms on this page and updating the effective date. Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes.
17. Contact Information
If you have any questions or concerns about these Terms of Use, please contact us at:
KMUD
P.O. Box 135
Redway, CA 95560
Email: [email protected]
Phone: (707) 923-2513
By using the KMUD website and services, you acknowledge that you have read and understood these Terms of Use.
