Terms of Service

WVVY 96.7 LPFM is a volunteer-run, listener-supported community radio station broadcasting from Tisbury, Martha's Vineyard. These terms cover the WVVY website and mobile apps. They are meant to be readable — please do read them.

1. Who we are and what this covers

These Terms of Service (“Terms”) are an agreement between you and Martha's Vineyard Community Radio, a 501(c)(3) nonprofit corporation and the licensee of radio station WVVY-LP (“WVVY,” “we,” “us”). They govern your use of the website at wvvy.org and the WVVY apps for iOS and Android (together, the “Services”).

By using the Services, you agree to these Terms. If you do not agree, please do not use them.

2. What the Services do

The Services let you listen to the WVVY live broadcast over the internet, see what is playing now and what played recently, view the weekly show schedule, learn about the station, and make a donation. They are provided free of charge.

The Services are a companion to an over-the-air FM broadcast. They are not the broadcast itself, and nothing here grants you rights in the music or other programming we air.

3. Eligibility

The Services are intended for a general audience. If you are under the age of majority where you live, you may use them only with the involvement of a parent or guardian. The Services are not directed to children under 13.

4. Your licence to use the apps

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the apps on devices you own or control, for your own non-commercial listening.

You agree not to:

• Rebroadcast, retransmit, publicly perform, or redistribute the stream, in whole or in part, without our written permission;
• Record, capture, or redistribute the programming or music except as permitted by law;
• Copy, modify, reverse engineer, decompile, or create derivative works from the Services, except where that restriction is prohibited by law;
• Scrape, crawl, or systematically harvest data from the Services, or otherwise place unreasonable load on our servers;
• Circumvent any security or access control, or use the Services to break any law.

5. Programming, music, and content

Music, recordings, and other programming carried on WVVY belong to their respective rights holders and are broadcast under the station's licences. Your ability to listen does not transfer any ownership or licence in that content to you.

WVVY is free-form radio programmed by volunteer DJs, much of it live. It is not pre-screened, and it may occasionally include mature themes or explicit language. Views expressed by hosts and guests are their own and are not necessarily those of WVVY.

The WVVY name, call letters, logo, and the design of the Services belong to Martha's Vineyard Community Radio. Please do not use them to suggest we endorse something we do not.

6. Schedule and metadata are best-effort

Show times, “now playing” information, and track history come from automated systems and volunteer-maintained sources. They may be delayed, incomplete, or wrong. Programming may change without notice, and automated rotation fills unscheduled hours.

7. Availability

We are a small nonprofit running on donated time and equipment. The Services may be unavailable, interrupted, or discontinued at any time, with or without notice, for maintenance, transmitter or network trouble, or any other reason. We do not promise any particular uptime.

8. Donations

Donations are processed by third parties — currently Venmo and PayPal — under their own terms. Martha's Vineyard Community Radio is a registered 501(c)(3) nonprofit, and contributions are tax-deductible to the extent allowed by law. Donations are voluntary gifts and are generally not refundable; they do not purchase goods, services, or any right to influence programming. If you believe a donation was made in error, contact us and we will try to help.

9. Third-party services and links

The Services link to and rely on things we do not control, including payment providers, app stores, and the platforms that host our fonts and schedule. We are not responsible for their content, practices, or availability, and your use of them is governed by their terms.

10. Privacy

Our Privacy Policy explains what the Services do and do not collect. There are no accounts, no advertising, and no third-party tracking in the apps.

11. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION THEY DISPLAY IS ACCURATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WVVY AND ITS DIRECTORS, OFFICERS, VOLUNTEERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, DEVICE DAMAGE, OR MOBILE DATA CHARGES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

Streaming audio uses mobile data. Any charges from your carrier are yours.

13. Changes and termination

We may update these Terms; the “last updated” date above will change, and continuing to use the Services means you accept the new version. We may suspend or stop offering the Services, or your access to them, at any time. You may stop at any time by deleting the app.

14. Apple App Store

If you obtained the app from the Apple App Store, the following apply and, where they conflict with the rest of these Terms, they control:

1. Acknowledgement. These Terms are between you and WVVY only, not Apple. WVVY, not Apple, is solely responsible for the app and its content.
2. Scope of licence. Your licence to use the app is limited to a non-transferable licence to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Maintenance and support. WVVY is solely responsible for any maintenance and support. Apple has no obligation to provide any maintenance or support.
4. Warranty. WVVY is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
5. Product claims. WVVY, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual property. If a third party claims the app infringes their intellectual property rights, WVVY, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
7. Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Contact. Questions, complaints, or claims about the app may be directed to WVVY at the address in section 17.
9. Third-party terms. You must comply with any applicable third-party terms of agreement when using the app.
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15. Google Play

If you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service. These Terms are between you and WVVY only, not Google, and Google is not responsible for the app or its content.

16. Governing law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Massachusetts, and you consent to their jurisdiction. Nothing here deprives you of the protection of mandatory consumer laws where you live.

If any provision of these Terms is found unenforceable, the rest remain in effect.

17. Contact