Effective Date: May 17, 2017
Introduction; Consent to Terms
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, products, sites, applications, platforms, or services; and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity.
To request permission for any other use of ProtectMyPublicMedia.org content, material or services, please Contact Us.
The Protect My Public Media name and logo are service marks of ACPR and APTSAI. American Coalition for Public Radio, ACPR, National Public Radio, NPR, APTS Action, Inc., APTS, America’s Public Television Stations, Public Broadcasting Service, PBS, and the names of local pubic broadcast stations, national distributors and producers, and their logos, are the service marks, respectively, of ACPR, 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.
Through social networking features, through the Contact Us page, through content uploading features 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, APTS, PBS, local NPR and PBS member stations, and participating national distributors and producers, and on ProtectMyPublicMedia.org by the general public. You acknowledge that ProtectMyPublicMedia.org, ProtectMyPublicMedia.org’s social networking features, and other content uploading 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, PBS, local NPR and PBS member stations, participating national public media distributors and producers, and their subsidiaries and affiliates, 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, PBS.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, APTS, PBS, local NPR and PBS member stations, and participating national public media distributors and producers, 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.
If you sign a petition or otherwise take action to urge your lawmakers to support public media, your name, email address, and address will be shared with lawmakers and/or their offices.
ProtectMyPublicMedia.org does not allow framing of ProtectMyPublicMedia.org.
Links to ProtectMyPublicMedia.org
Although ProtectMyPublicMedia.org encourages and permits links to content on ProtectMyPublicMedia.org, the linking should not suggest that ProtectMyPublicMedia.org promotes or endorses any third party’s causes, ideas, sites, products, or services, or 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, Applications, Platforms and Services
ProtectMyPublicMedia.org contains links to sites, applications, platforms 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, applications, platforms and services, and ProtectMyPublicMedia.org, NPR, APTS, PBS, local NPR and PBS member stations, and national and local public media distributors and producers that participate in ProtectMyPublicMedia.org are not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services, or other materials on or available from such sites, applications, platforms and services. ProtectMyPublicMedia.org, NPR, APTS, PBS, local NPR and PBS member stations, and participating national and local public media distributors and producers, 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.
Mobile Services; High Data Usage Warning; Motor Vehicle Usage
If you use ProtectMyPublicMedia.org on your mobile device, please check your wireless plan, because carrier data use charges or other fees may apply. You must provide at your own expense the equipment and connections needed for you to use ProtectMyPublicMedia.org on your mobile device, and you agree that you are solely responsible for any costs you incur to access ProtectMyPublicMedia.org on your mobile device, including any excess data charges. You should keep in mind that the use of the ProtectMyPublicMedia.org on your mobile device to send content to another person may result in wireless charges to both the sender and the receiver. You agree to obey all laws related to the operation of motor vehicles during use of the ProtectMyPublicMedia.org on your mobile device.
Location Based Services
ProtectMyPublicMedia.org may collect geolocation data for purposes of offering relevant content. Geolocation data consists of general location information based on latitude and longitude (if the user has enabled location services for an application on the user’s mobile device), or based on the IP address of the user’s computer or mobile device. By using ProtectMyPublicMedia.org, you consent to ProtectMyPublicMedia.org collection of this geolocation information.
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.
• ProtectMyPublicMedia.org can only be used for personal, non-commercial purposes. You may not submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting.
• You may not submit any software or other material which contains a virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of ProtectMyPublicMedia.org, NPR, APTS, PBS, local NPR and PBS member stations, or participating national and local public media distributors and producers. 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.
You agree that you will indemnify and hold harmless ProtectMyPublicMedia.org, NPR, APTS PBS, local NPR and PBS member stations, and participating national and local public media distributors and producers 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, or the authorized publication, distribution or use of such User Materials by NPR, APTS, PBS, local NPR and PBS member stations, and participating national and local public media distributors and producers.
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. PROTECTMYPUBLICMEDIA.ORG DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PROTECTMYPUBLICMEDIA.ORG OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH PROTECTMYPUBLICMEDIA.ORG OR THROUGH LINKS ON PROTECTMYPUBLICMEDIA.ORG. USE OF PROTECTMYPUBLICMEDIA.ORG IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL PROTECTMYPUBLICMEDIA.ORG, NPR, APTS, PBS, LOCAL NPR AND PBS MEMBER STATIONS, PARTICIPATING NATIONAL AND LOCAL PUBLIC MEDIA DISTRIBUTORS AND PRODUCERS, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SUBSIDIARIES, AFFILIATES, OR THIRD PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE: (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL 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, PBS, LOCAL NPR AND PBS MEMBER STATIONS, PARTICIPATING NATIONAL AND LOCAL PUBLIC MEDIA DISTRIBUTORS AND PRODUCERS, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SUBSIDIARIES, AFFILIATES, OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. THE FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY PROTECTMYPUBLICMEDIA.ORG’S NEGLIGENCE OR FOR ANY INJURY CAUSED BY PROTECTMYPUBLICMEDIA.ORG’S FRAUD OR FRAUDULENT MISREPRESENTATION ARISING OUT OF OR RELATED TO THIS SITE.
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 email 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:
1111 North Capitol Street, N.E.
Washington, D.C. 20002
Phone: (202) 513-2040
Fax: (202) 513-3021
E-mail: og[email protected]
Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding ProtectMyPublicMedia.org, please Contact Us through ProtectMyPublicMedia.org.
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