Terms of Use

Effective Date: July 15, 2013

See related:  Privacy Policy

Introduction; Consent to Terms

Please read these Terms of Use before using ProtectMyPublicMedia.org or any feature of the site.  By using ProtectMyPublicMedia.org, a successor website to 170millionamericans.org, you agree to be bound by these Terms of Use and the Privacy Policy.  If you do not agree to these Terms of Use and the Privacy Policy, please exit ProtectMyPublicMedia.org and do not use ProtectMyPublicMedia.org or any of its features.  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 and/or an updated Privacy Policy on ProtectMyPublicMedia.org.  Please check these Terms of Use and the Privacy Policy frequently for updates.  Any modifications, additions, or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting.  Your continued use of ProtectMyPublicMedia.org following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.  Any references to ProtectMyPublicMedia.org in these Terms of Use include its co-managers, National Public Radio, Inc. (NPR) and APTS Action, Inc. (APTS).

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the web sites, applications, and services that may link to or from ProtectMyPublicMedia.org.

Copyrights

The contents of ProtectMyPublicMedia.org are protected by U.S. and international copyright laws.  The contents of ProtectMyPublicMedia.org are owned by or licensed to the co-managers of ProtectMyPublicMedia.org (NPR and APTS), or other local public radio and television stations, national distributors and producers that have contributed content to ProtectMyPublicMedia.org. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publically perform, sell, transfer, assign, license, or use for commercial purposes any copyrighted material on ProtectMyPublicMedia.org without the prior written consent of ProtectMyPublicMedia.org, except as provided below.  All rights not expressly granted in these Terms of Use are reserved to ProtectMyPublicMedia.org.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that: (a) you include without modification all copyright and other proprietary notices contained in the content; (b) you do not modify the content; (c) you do not use the content in a manner that suggests that ProtectMyPublicMedia.org promotes or endorses your, or any third party’s, causes, ideas, web sites, products, or services; and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity.

No quotes from any material on ProtectMyPublicMedia.org may be used in any media without attribution to ProtectMyPublicMedia.org.

Trademarks

The Protect My Public Media name and logo are service marks of NPR and APTS.  National Public Radio®, NPR®, APTS Action, Inc., APTS, America’s Public Television Stations, the names of local pubic broadcast stations, national distributors and producers, and their logos, are the service marks, respectively, of NPR,,APTS, the local public broadcast stations, national distributors and producers.  All rights are reserved by the respective owners.  You may not use any ProtectMyPublicMedia.org-provided service marks, logos, or graphics without ProtectMyPublicMedia.org’s prior written consent.

User Materials

Through social networking features, through the Contact Us page, through the “Tell Your Story” feature of the website, through posting comments to a blog, and through other features of ProtectMyPublicMedia.org, users may post, upload, transmit, and/or otherwise submit (“Submit”) testimonials, comments, messages, other text, photos, images, ideas, essays, and other content and materials, and make recommendations, on or through ProtectMyPublicMedia.org (“User Materials”).  You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by ProtectMyPublicMedia.org, NPR and APTS staff and on ProtectMyPublicMedia.org by the general public.  You acknowledge that ProtectMyPublicMedia.org, ProtectMyPublicMedia.org’s social networking features, and other features of ProtectMyPublicMedia.org are for public and not private communications.

We reserve the right to screen, refuse to post, limit the posting of, remove, or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so.  If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through ProtectMyPublicMedia.org.  However, by submitting User Materials on or through ProtectMyPublicMedia.org, you hereby grant ProtectMyPublicMedia.org, NPR, APTS, local NPR and PBS member stations, and participating national public media distributors and producers, a non-exclusive, perpetual, royalty-free worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, ProtectMyPublicMedia.org, NPR.org, APTS.org, local NPR and PBS member stations websites, third party licensee web sites, applications, and services, over the air (on radio or television), and other applications and services, without payment and without further consent or notice to you.  You further grant ProtectMyPublicMedia.org, NPR.org, APTS.org, local NPR and PBS member stations websites, the right to contact you in connection with your User Materials and to use your name, city and state, and other information that you have provided in connection with the User Materials.

In addition, you grant each user of ProtectMyPublicMedia.org, NPR.org and APTS.org a non-exclusive, royalty-free, worldwide license to access your User Materials on or through ProtectMyPublicMedia.org and to use your User Materials pursuant to these Terms of Use.

For any User Materials you Submit on or through ProtectMyPublicMedia.org, you agree to abide by these Terms of Use.  You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Framing

ProtectMyPublicMedia.org does not allow framing of ProtectMyPublicMedia.org.

Links to ProtectMyPublicMedia.org

ProtectMyPublicMedia.org encourages and permits links to content on ProtectMyPublicMedia.org.  However, the linking should not (a) suggest that ProtectMyPublicMedia.org promotes or endorses any third party’s causes, ideas, web sties, products, or services; or (b) use ProtectMyPublicMedia.org content for inappropriate commercial purposes or in any way that is unlawful or harmful to ay other person or entity.  We reserve the right to withdraw permission for any link.

Links to Third Party Sites and Services

ProtectMyPublicMedia.org contains links to Internet sites, applications, and services maintained by third parties, over which ProtectMyPublicMedia.org has no control.  ProtectMyPublicMedia.org does not endorse the content, operators, products, or services of such sites, and ProtectMyPublicMedia.org is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services, or other materials on or available from such sites.  ProtectMyPublicMedia.org 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.

In some cases, ProtectMyPublicMedia.org may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties.  You should only use these third party tools if you agree to their respective terms and policies.

Rules for Use of ProtectMyPublicMedia.org

By using ProtectMyPublicMedia.org, including participating in ProtectMyPublicMedia.org social networking features, Submitting User Materials through ProtectMyPublicMedia.org or the Contact Us page, or by using any other features of ProtectMyPublicMedia.org, you agree to the following rules:

  • You must be at least eighteen (18) years of age to submit any User Materials on or through ProtectMyPublicMedia.org.  If you are between the ages of 13 and 18, you may browse ProtectMyPublicMedia.org or register for email newsletters or other features of ProtectMyPublicMedia.org with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials.  If you are under 13 years of age, please do not send any information about yourself, including your name, address, or e-mail address.  If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
  • You may not submit any User Materials anonymously or under a false name or a false e-mail address.  You may not impersonate another user or provide any false information about yourself.
  • You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.
  • You may only submit User Materials for which you have the copyright or other necessary rights and permissions to distribute electronically.  You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights.  You promise and represent that you own or have all necessary rights and permission to use, distribute, and authorize ProtectMyPublicMedia.org and users of ProtectMyPublicMedia.org (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
  • You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not interfere with or disrupt the integrity or performance of ProtectMyPublicMedia.org, any portion or contents thereof, or related systems or networks, or use ProtectMyPublicMedia.org in any way which degrades its reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to ProtectMyPublicMedia.org or related systems or networks

Representations; Indemnity

You represent and warrant that: (a) if you Submit any User Materials on or through ProtectMyPublicMedia.org, you are at least 18 years of age; (b) you have obtained all clearances, releases, licenses, and rights to any User Materials you Submit on or through ProtectMyPublicMedia.org that may be necessary for their use as contemplated by ProtectMyPublicMedia.org and these Terms of Use; (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by ProtectMyPublicMedia.org and these Terms of Use; (d) the User Materials, and their use by ProtectMyPublicMedia.org (pursuant to these Terms of Use) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms of Use; and (e) your use of ProtectMyPublicMedia.org complies with these Terms of Use.

You agree that you will indemnify and hold harmless ProtectMyPublicMedia.org, NPR and APTS from any and all claims, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from: (1) your breach of any of the above representations and warranties; (2) your use of ProtectMyPublicMedia.org; (3) the User Materials you have Submitted on or through ProtectMyPublicMedia.org; or (4) ProtectMyPublicMedia.org’s publication, distribution, or use of such User Materials.

Disclaimer

PROTECTMYPUBLICMEDIA.ORG AND ANY CONTENT, MATERIALS, USER MATERIALS, OR FEATURES AVAILABLE ON OR THROUGH PROTECTMYPUBLICMEDIA.ORG ARE AVAILABLE ON AS “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE.  PROTECTMYPUBLICMEDIA.ORG DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

IN NO EVENT WILL PROTECTMYPUBLICMEDIA.ORG, NPR, APTS, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR THIRD PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE: (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE PROTECTMYPUBLICMEDIA.ORG; (B) RELATING TO ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH PROTECTMYPUBLICMEDIA.ORG; OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  IN NO EVENT WILL PROTECTMYPUBLICMEDIA.ORG, NPR, APTS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change NPR Services

ProtectMyPublicMedia.org reserves the right to change, terminate, or suspend ProtectMyPublicMedia.org or any features, content or materials contained on ProtectMyPublicMedia.org, in any way, at any time, and for any reason or no reason.  ProtectMyPublicMedia.org also has the right to require you to cease accessing any features, content, or materials of ProtectMyPublicMedia.org.

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

ProtectMyPublicMedia.org respects the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on ProtectMyPublicMedia.org, please provide the following information in writing to ProtectMyPublicMedia.org’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for further details):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
  • a description of the copyrighted work that you claim has been infringed;
  • 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;
  • information so that we can contact you, such as address, telephone number, and e-mail address;
  • 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;
  • 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.

If you believe that any content or materials you posted, uploaded, or submitted to ProtectMyPublicMedia.org that were subsequently removed from ProtectMyPublicMedia.org were improperly removed or disabled, please provide the following Counter-Notification to ProtectMyPublicMedia.org’s Copyright Agent (see 17 U.S.C. § 512(g) for further details)

  • your physical or electronic signature;
  • a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

ProtectMyPublicMedia.org’s Copyright Agent can be reached as follows:

Michelle Shanahan

Copyright Agent

National Public Radio

1111 North Capitol Street, N.E.

Washington, D.C. 20002

Phone: (202) 513-2040

Fax: (202) 513-3021

E-mail: ogcstaff@npr.org

Only DMCA notices should be sent to the Copyright Agent.  For other comments or questions regarding ProtectMyPublicMedia.org, please Contact Us through ProtectMyPublicMedia.org.

International Users

ProtectMyPublicMedia.org is controlled and operated within the United States.  ProtectMyPublicMedia.org makes no representation that content, materials, or products available on or thorough ProtectMyPublicMedia.org are appropriate or available for use outside of the United States.  If you access ProtectMyPublicMedia.org from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and 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 ProtectMyPublicMedia.org and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of ProtectMyPublicMedia.org.  These Terms of Use are separate and distinct from the terms of use governing the web sites, applications, and services that may link to or from ProtectMyPublicMedia.org.  These Terms of Use shall be governed by and construed under District of Columbia 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 ProtectMyPublicMedia.org shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the District of Columbia.  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 or comments concerning our Terms of Use, please Contact Us.