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Terms of Use

Introduction; Consent to Terms
Please read these Terms of Use before using DeaneOgden.com or any features of this site, including, but not limited to, the archives, and Deane Ogden podcasts (collectively, the “Deane Ogden Websites” 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 Deane Ogden websites. 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 Deane Ogden websites following the posting of updated terms of use will mean that you agree to those changes.

Copyrights
The contents of the Service and the Deane Ogden websites 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 Deane Ogden websites without the prior written consent of Deane Ogden Creative, LLC, except as provided below. You may copy and print a limited amount of content, and you may download Deane Ogden podcast 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 Deane Ogden content requires prior written permission from Deane Ogden Creative, LLC. For permission requests, please inquire at our Contact page.

Trademarks
Deane Ogden® and Deane Ogden program names (i.e. SCOREcast, ON THE HIT, Rebel Creative, Rebel LIVE, Imaginator Music Media, TABCO/Transatlantic Battery Company, The Conversation) are service marks of either Deane Ogden Creative, LLC or the producers of the programs. All rights reserved. You may not use any Deane Ogden service marks, logos or graphics without Deane Ogden Creative, LLC’s prior written consent.

Framing
Deane Ogden Creative, LLC does not allow framing of its websites.

Links to Deane Ogden Websites
Deane Ogden Creative, LLC encourages and permits links to content on the Deane Ogden websites. However, Deane Ogden Creative, LLC is a company committed to the highest creative, programming and advocacy ethics and standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that Deane Ogden Creative, LLC promotes or endorses any third party’s causes, ideas, websites, products or services, or (b) use the Deane Ogden websites’ content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third Party Sites
The Deane Ogden websites have provided links to Internet sites maintained by third parties, over which Deane Ogden Creative, LLC has no control. Deane Ogden Creative, LLC does not endorse the content, operators, products or services of such sites, and Deane Ogden Creative, LLC is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Deane Ogden Creative, LLC 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.

Deane Ogden Podcasts
Deane Ogden Creative, LLC and the Deane Ogden websites provide podcasts (the “Deane Ogden Podcasts”) consisting of selected audio content from Deane Ogden and other content providers, available at www.deaneogden.com, that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user’s computer or transferred to a portable listening device. Deane Ogden Podcasts are protected by U.S. and international copyright laws. All rights in and to the Deane Ogden Podcasts are reserved to Deane Ogden Creative, LLC or the content provider. Deane Ogden Podcasts are available for personal, non-commercial use only. You may download, copy and/or transfer to a portable listening device the Deane Ogden Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to Deane Ogden Podcasts from your website, weblog or similar application, as long as the linking does not (a) suggest that Deane Ogden Creative, LLC promotes or endorses any third party causes, ideas, websites, products or services, or (b) use Deane Ogden content for inappropriate commercial purposes. Deane Ogden Creative, LLC reserves the right to discontinue providing Deane Ogden Podcasts and to require that you cease accessing or using the Deane Ogden Podcasts, or any content contained in the Deane Ogden Podcasts, at any time for any reason.

Use of the Service
If you use the Service, by submission of essays, e-mails or other information via DeaneOgden.com, 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 non-commercial 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 email 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 Deane Ogden Creative, LLC 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 DeaneOgden.com
The Deane Ogden websites allow users to submit comments anonymously or, in certain instances, with registration. Any information collected by the Deane Ogden websites when requiring registration will be stored and used per Deane Ogden Creative, LLC’s Privacy Policy.

Deane Ogden Creative, LLC’s goal is to further the discussion of topics covered in its programs with engaging, thoughtful and civil discourse. By moderating comments, Deane Ogden Creative, LLC’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.

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

No advertising or promoting is allowed.

Deane Ogden Creative, LLC and the Deane Ogden websites advise you to not reveal any personal information about yourself or anyone else (i.e. telephone number, address, or email address or any other details) that would allow you to be personally identified.

Views expressed by users on DeaneOgden.com are theirs and unless specifically stated, are not those of Deane Ogden Creative, LLC. Deane Ogden Creative, LLC is not responsible for any content posted from third party websites. Links posted to DeaneOgden.com do not imply any endorsement of that site by Deane Ogden Creative, LLC. 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. DEANE OGDEN CREATIVE, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES DEANE OGDEN CREATIVE, LLC 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 DEANE OGDEN CREATIVE, LLC, 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 DEANE OGDEN CREATIVE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Copyright Agent
Deane Ogden Creative, LLC 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 Deane Ogden Creative, LLC:

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.

Deane Ogden Creative, LLC
PO Box 182
Alsea, OR 97324 USA

International Users
The Service is controlled and operated within the United States. Deane Ogden Creative, LLC 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 Deane Ogden websites 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 Oregon 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 Oregon. 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 Deane Ogden Creative, LLC.