Terms of Use

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Updated June 30, 2015

See related: PRSS Privacy Policy

Introduction; Consent to Terms

Please read these Terms of Use before using PRSS.org, the website of the Public Radio Satellite System (“PRSS”), any other PRSS sites, applications, platforms or services, or any features of these sites, applications, platforms, or services, including but not limited to the messaging system and the site interface of the ContentDepot® distribution system (collectively the “PRSS Services”).  National Public Radio, Inc. (“NPR”) is making the PRSS Services available to you under these Terms of Use.  By using the PRSS Services, you agree to be bound by these Terms of Use and the PRSS Privacy Policy.  If you do not agree to these Terms of Use and the PRSS Privacy Policy, please exit the PRSS Services and do not use the PRSS Services or any of their features.  We reserve the right, at our discretion, to modify, add or delete portions of these Terms of Use or the PRSS Privacy Policy at any time by posting updated Terms of Use or an updated PRSS Privacy Policy on the PRSS Services.  Please check these Terms of Use and the PRSS Privacy Policy frequently for updates.  Any modifications, additions or deletions to these Terms of Use or the PRSS Privacy Policy shall be effective immediately upon posting.  Your continued use of the PRSS Services following the posting of updated Terms of Use or an updated PRSS Privacy Policy means that you agree to those changes.

Additional terms and conditions – such as the rules of any messaging system or providing content to, accessing content through or using any content on the ContentDepot – may apply to your use of particular areas of the PRSS Services.  You will need to have agreed with the terms of the ContentDepot user agreement to access the ContentDepot.  We will post any additional terms and conditions (other than terms and conditions relating to use of the ContentDepot) on the PRSS Services or present them to you for acceptance when you first register for or log in to those areas.  If there is any conflict between those additional terms and conditions and these Terms of Use, the additional terms and conditions will take precedence over these Terms of Use.

Please note that these Terms of Use and the PRSS Privacy Policy are separate and distinct from the terms of use and privacy policies governing the sites, applications, platforms and services of NPR, NPR’s member stations, producers of NPR content, and other sites, applications, platforms and services that may link to or from the PRSS Services.

Copyrights

The contents of the PRSS Services are protected by U.S. and international copyright laws.  The contents of the PRSS Services are owned by or licensed to NPR or NPR’s member stations and other producers or providers of programs or other content to NPR (“Content Providers”).  In the case of User Materials (as defined in the “User Materials” section of these Terms of Use), the contents are licensed to NPR by the user.  You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the PRSS Services without the prior written consent of NPR, except as provided in these Terms of Use.

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 (i) you include without modification all copyright and other proprietary notices contained in the content, (ii) you do not modify the content, (iii) you do not use the content in a manner that suggests NPR promotes or endorses your, or any third party’s, causes, ideas, products, sites, applications, platforms or services, and (iv) you do not use the content in any way that is unlawful or harmful to any other person or entity.  In addition, you may use widgets and tools on the PRSS Services that allow selected User Materials to appear on your personal, noncommercial site, blog, application, platform or service, subject to the conditions in the preceding sentence.

You may use the content, messaging system and other features of the PRSS Services, and content accessed therefrom, only as expressly permitted in these Terms of Use. To request permission for any other use of NPR content or the PRSS Services, visit our permissions page.

Trademarks and Service Marks

Public Radio Satellite System®, PRSS®, ContentDepot®, National Public Radio®, NPR®, NPR program names and logos, member station names, program names and logos, and Content Provider names, program names and logos, are trademarks or service marks (“marks”) of National Public Radio, Inc., its member stations or the Content Providers.  All rights in these marks are reserved by their respective owners.  You may not use any NPR-provided marks, or other logos, or graphics, without NPR’s prior written consent.

User Materials

Users of the PRSS Services may post, upload, transmit and otherwise submit (“Submit”) comments, messages, recommendations, and other content and materials (“User Materials”) on or through the PRSS Services.  You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties and the Internet, and may be viewed by NPR staff and on the unrestricted areas of the PRSS Services by the general public.

We reserve the right to screen, refuse to post, 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.  All rights not expressly granted in these Terms of Use are reserved to NPR. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for review.  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 the PRSS Services.  However, by submitting User Materials on or through the PRSS Services, you grant to NPR, NPR member stations, other Content Providers and their respective licensees 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, channels or platforms, whether now known or hereafter devised, including the PRSS Services, NPR member station sites, applications, platforms and services, third-party licensee sites, applications, platforms and services, over the air (on radio or television), and other applications and services, without payment and without further notice to you or request for consent.  You further grant to NPR, NPR member stations, and their licensees 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, when you Submit any User Materials, you grant each user of the PRSS Services, NPR member stations’ sites, applications, platforms and services, and other Content Providers sites, applications, platforms and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the PRSS Services and NPR member stations’ sites, applications, platforms and services and other Content Providers’ sites, applications, platforms and services, to use your User Materials pursuant to these Terms of Use and the terms of use of the NPR member stations and other Content Providers, and as permitted by the functionality of the PRSS Services, the NPR member station sites, applications, platforms and services, and the other Content Providers’ sites, applications, platforms and services (such as through widgets and tools).

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

Framing

NPR does not allow framing of any of the PRSS Services.

Links to the PRSS Services

As the manager and operator of the PRSS Services, NPR is committed to serving public broadcasting.  Furthermore, NPR encourages and permits links to nonrestricted areas of the PRSS Services.  You may not, however, link to restricted areas of the PRSS Services (non-public areas accessible only to registered users), and any linking should not suggest that NPR promotes or endorses your, or any third party’s, causes, ideas, sites, products, applications, platforms or services, or use NPR or PRSS content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity.  We reserve the right to withdraw permission for any link.

Links to Third-Party Services

The PRSS Services may contain links to sites, applications, platforms and services maintained by third parties over which NPR has no control.  NPR does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and NPR is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services.  NPR 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, applications, platforms and services.

Passwords

To participate in certain PRSS Services activities, you must register and establish a password.  You are solely responsible for all activities that occur using your registration or password.  You must maintain the confidentiality of your password, and you agree to immediately notify NPR of any unauthorized use of your account or password.

Rules for Using the Site

By using the PRSS Services, including by registering for the PRSS Services, participating in any messaging system, Submitting User Materials or by using any other features of the PRSS Services, you agree to the following rules:

  1. You must be at least 18 years of age to Submit any User Materials or personally-identifying information on or through the PRSS Services.  If you are between the ages of 13 and 18, you may browse the PRSS Services or register for email newsletters or other features of the PRSS Services with the consent of your parent or guardian, so long as you do not submit any User Materials.  If you are under 13 years old, please do not send any information about yourself, including your name, address or email address.  If we discover that we have collected any personally-identifying information from a child under 13, we will remove that information from our database as soon as possible.
     
  2. You may not Submit any User Materials under a false name or a false email address.  You may not impersonate another user or provide any false information about yourself.
     
  3. You may not Submit any User Materials or links to material that is libelous, 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.
     
  4. You may only Submit only User Materials for which you have the copyright or other necessary rights and permission to distribute electronically.  You may not plagiarize content or violate 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 permissions to use, distribute and authorize NPR, NPR member stations and users of the PRSS Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
     
  5. The PRSS Services 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 use the PRSS Services for political campaigning, recruiting votes or soliciting support for legislative or other initiatives.
     
  6. You may not Submit any software or other material which contains any 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 NPR, NPR member stations, other Content Providers or users of the PRSS Services.  You may not use the PRSS Services to distribute chain letters, mass mailings, “spam” or duplicative or unsolicited messages in violation of applicable laws, or to gather user names or email addresses for the purpose of sending unsolicited email or other communications to other users of the PRSS Services.
     
  7. You may not interfere with or disrupt the integrity or performance of the PRSS Services, any portion or contents thereof, or related systems or networks, or use the PRSS Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software.  In addition you may not attempt to gain unauthorized access to the PRSS Services or its related systems or networks.
     
  8. You acknowledge that the User Materials will not be subject to the privacy protections generally afforded your personally-identifying information under the PRSS Privacy Policy.
     
  9. You are solely responsible for any User Materials Submitted using your account.  NPR does not and cannot review all User Materials Submitted by you or others and is not responsible for any User Materials Submitted by you or others on or through the PRSS Services.  However, NPR has the right (but not the obligation) to review, screen, delete, edit or move any User Materials Submitted that it deems to be in violation of the Rules for Using the PRSS Services, these Terms of Use or for any other reason as determined in NPR’s sole discretion.
     
  10. NPR is not responsible or liable for any User Materials Submitted by you or a third party on or through the PRSS Services.  NPR cannot verify the accuracy of statements that users make or place on or through the PRSS Services, and does not guarantee that any User Materials have been Submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Using the PRSS Services or these Terms of Use.
     
  11. You acknowledge that NPR has the right to limit or terminate your, or any other person’s access to or registration on the PRSS Services for any reason, in its sole discretion, including violation of these Terms of Use.

Representations; Indemnity

You represent and warrant that (i) if you Submit any User Materials or personally-identifying information on or through the PRSS Services, you are at least 18 years of age, (ii) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the PRSS Services that may be necessary for their use as contemplated by the PRSS Services and these Terms of Use, (iii) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the PRSS Services and these Terms of Use, (iv) the User Materials, and their use by NPR, NPR member stations, their licensees, and users of the PRSS Services and NPR member station sites, applications, platforms and services (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not defame any person or entity, or violate or infringe upon the copyright, patent, trademark, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms of Use, and (v) your use of the PRSS Services complies with these Terms of Use.  You agree that you will indemnify and hold harmless NPR, its member stations, PRSS interconnected stations and Content Providers and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (a) your breach of any of the above representations and warranties, (b) your use of the PRSS Services, (c) the User Materials you have Submitted on or through the PRSS Services, or (d) NPR’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by NPR member stations, Content Providers, licensees or users of the PRSS Services.

Disclaimer

THE PRSS SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE PRSS SERVICES 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.  NPR DOES NOT WARRANT THAT THE PRSS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  NPR DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRSS SERVICES OR ENDORSE, RECOMMEND OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE PRSS SERVICES OR THROUGH LINKS ON THE PRSS SERVICES.  USE OF THE PRSS SERVICES IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD-PARTY PROGRAM PRODUCERS OR CONTENT PROVIDERS BE LIABLE (I) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PRSS SERVICES, (II) RELATING TO ANY CONTENT ON OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE PRSS SERVICES, OR (III) 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 NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, THIRD-PARTY PROGRAM PRODUCERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change the PRSS Services

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

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

NPR respects the intellectual property rights of others.  If you repeatedly provide User Materials without securing the necessary rights and authorization to do so you may have your access to the ContentDepot permanently terminated.

If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the PRSS Services, please provide the following information in writing to NPR’s Copyright Agent (see 17 U.S.C. §512(c)(3) for further detail):

  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

If you believe that any content or materials you posted, uploaded or Submitted to the PRSS Services that were subsequently removed from the PRSS Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to NPR’s Copyright Agent (see 17 U.S.C. §512(g) for further detail):

  1. your physical or electronic signature
  2. 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
  3. 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
  4. 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

NPR’s Copyright Agent can be reached as follows:

Michelle Shanahan
Copyright Agent
NPR
1111 North Capitol Street, NE
Washington, DC 20002

tel: 202-513-2040
fax: 202-513-3021
email: ogcstaff@npr.org

Only DMCA notices should be sent to the Copyright Agent.  For other comments or questions regarding the PRSS Services, please contact NPR through our contact page.

International Users

The PRSS Services is controlled and operated within the United States.  NPR makes no representation that content, materials or products available on or through the PRSS Services are appropriate or available for use outside of the United States.  If you access the PRSS Services 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.

General

Except as provided in any additional terms and conditions posted or presented for your acceptance in certain areas of the PRSS Services, or as provided in any ContentDepot user agreement entered into by you and NPR, these Terms of Use, together with the PRSS Privacy Policy, represent the entire understanding NPR and you regarding the use of the PRSS Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the PRSS Services.  These Terms of Use are separate and distinct from the terms of use governing the sites, applications, platforms and services of NPR’s member stations, and the sites, applications, platforms and services that may link to or from the PRSS Services.  These Terms of Use are 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 permitted by law, any disputes under these Terms of Use or relating to the PRSS Services shall be litigated in the local or federal courts located in the District of Columbia, 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 about these Terms of Use, please contact us.