TERMS OF USE

Updated May 3, 2006

Introduction; Consent to Terms

Please read these Terms of Use before using the World Wide Web site of the Public Radio Satellite System, currently located at the www.prss.org domain and subdomains, or any features of this site, including but not limited to the messaging system and the Web interface of the ContentDepot® distribution system (collectively the "Site"). National Public Radio, Inc. ("NPR") is making the Site available to you under these Terms of Use. By using the Site in any way, including merely browsing, you agree to be bound by the Terms of Use. If you do not agree to be bound by the Terms of Use, please exit the Site. NPR reserves the right, in its discretion, to modify, add, or delete portions of the Terms of Use at any time without notice to you by posting updated Terms of Use on the Site. Please check the Terms of Use frequently for updates. Any modifications, additions, or deletions shall be effective immediately on posting of updated Terms of Use. Your continued use of the Site following the posting of updated Terms of Use will mean that you agree to those changes.

Additional terms and conditions may apply to your use of particular areas of the Site. NPR will notify you of any additional terms and conditions by posting them on the Site and/or by presenting 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.

Proprietary Rights

The contents of this Site, including all software, audio, video, designs, data, text, graphics, artwork, images, photographs, trademarks, service marks, logos, trade names, and any other material (collectively the "Material"), are the property of NPR and/or of the individuals or entities providing the Material to NPR. The Material is protected by United States and international copyright, trademark, and other applicable laws. Unauthorized use of the Material may violate such laws. Except as may be provided in any additional terms and conditions posted on the Site, and except as provided in the next sentence, you may not reproduce, distribute, transmit, display, prepare derivative works of, or perform any of the Material without the prior written consent of NPR. You may copy and print a limited amount (one copy per page) of Material, for your personal, noncommercial use, provided that you include all copyright and other notices contained in the Material and that you do not modify the Material.

National Public Radio®, NPR®, Public Radio Satellite System®, PRSS®, and ContentDepot® are service marks of NPR. All rights reserved. You may not use any NPR service marks, logos, or graphics without NPR's prior written consent.

Framing

NPR does not allow framing of the Site.

Links to the Site

NPR encourages and permits links to nonrestricted areas of the Site. However, NPR, as operator and manager of the Public Radio Satellite System, is an organization committed to serving public broadcasting, in both fact and appearance. Therefore, the linking should not (a) suggest that NPR promotes or endorses any third party's causes, ideas, Web sites, products, or services, or (b) use NPR or Public Radio Satellite System content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

You may not link to restricted areas of the Site. "Restricted areas" of the Site are nonpublic areas accessible only through use of a username, password, or other identifier or security mechanism.

Links to Third-Party Web Sites

This Site may include links to Web sites maintained by third parties, over which NPR has no control. NPR does not endorse the content, operators, products, or services of such sites, and NPR is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services, or other materials on or available from such sites. 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.

Privacy Policy

The Site provides a Privacy Policy, which makes up part of these Terms of Use. Any personally identifying information collected from you through the Site is subject to the Privacy Policy.

Changes to Service

NPR has the right to change, refuse, suspend, or terminate service, and to change or discontinue any aspect or feature of the Site, at any time without notice in its sole discretion.

Passwords

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

The ContentDepot Messaging System

This Site may provide you with access to the ContentDepot Messaging System for posting and receiving messages ("Messages") between users of the ContentDepot distribution system (the "ContentDepot"). You agree that Messages are the sole responsibility of the entity from which the Messages originated. This means that you, not NPR, are entirely responsible for the consequences of all Messages that you send, upload, post, e-mail, transmit, or otherwise make available via the Site. Moreover, NPR does not represent or guarantee the truthfulness, accuracy, timeliness, or reliability of Messages and does not endorse any opinions that may be expressed by any user. You agree that any reliance by other users on Messages you post will be at your own risk. In addition, the following rules apply:

1. You may not post, upload, or transmit any Messages or materials anonymously or under a false name or a false e-mail address.
2. You may not post, upload, or transmit any Messages that are or link 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.
3. You may post, upload, or transmit only 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.
4. You may not post, upload, or transmit any software or other material that contains a virus or other harmful code or device. You may not use the Messages to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to other users of the Site.
5. By posting, uploading, or transmitting any Messages on or through the Site, you grant NPR a nonexclusive, perpetual, royalty-free, worldwide license to use, copy, archive, sublicense, modify, transmit, publicly perform, and display in all media, whether or not now known, any material posted by you in Messages. You acknowledge that the contents of Messages will not be subject to the privacy protections generally afforded your personally identifying information under our Privacy Policy.
6. You are solely responsible for any content posted, uploaded, or transmitted using your account. NPR does not and cannot review every Message posted by you and is not responsible for any materials posted by others on the Site. However, NPR has the right (but not the obligation) to delete, edit, or move any material that it deems, in its sole discretion, to be in violation of the Terms of Use or which it otherwise, in its sole discretion, considers to be objectionable.
7. NPR is not responsible or liable for any materials posted, uploaded, or transmitted in Messages. NPR cannot verify the accuracy of statements that users include in Messages, and does not guarantee that any material has been posted, uploaded, or transmitted with the permission of the copyright or proprietary owner or is otherwise in compliance with the Terms of Use.
8. By using Messages, you agree to abide by these rules. You acknowledge that NPR has the right to delete, edit, or move Messages or other material that it deems, in its sole discretion, to be in violation of these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that NPR has the right to limit or terminate access to Messages for any reason, including violation of these Terms of Use.

Representations; Indemnity

You represent and warrant that (a) any material you post, upload, or transmit through the Messaging System or the Site does not and will not violate the Terms of Use, and (b) your use of the Site complies with these Terms of Use. You agree that you will indemnify and hold harmless NPR and its directors, officers, employees, members, and licensees 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 the Site, (3) the materials you have posted, uploaded, or transmitted through the Messaging System or the Site, or (4) NPR's publication, distribution, or use of such materials.

Disclaimer

NPR PROVIDES THE SITE ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR FREEDOM FROM VIRUSES. NPR DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES NPR MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SITE OR THROUGH LINKS ON THE SITE. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENTS THEREOF, OR THE SERVICES PROVIDED THEREON, WHETHER OR NOT NPR SHALL HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED DOLLARS ($100).

User Termination

NPR reserves the right, in its sole discretion, to delete any or all of your Messages or block access to restricted areas of the Site, with or without notice, and without any liability to you, for failure to comply with NPR's policies and procedures or with these Terms of Use.

Copyright Agent

NPR 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 NPR's Copyright Agent:

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 e-mail 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.

NPR's Copyright Agent can be reached as follows:

Michelle Shanahan Copyright Agent National Public Radio, Inc. 635 Massachusetts Avenue, NW Washington, DC 20001 Phone: (202) 513-2040 Fax: (202) 513-3021 E-mail: ogcstaff@npr.org

International Users

The Site is controlled and operated within the United States. NPR makes no representation that content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If you gain access to the Site from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

General

Except as provided in any additional terms and conditions posted and/or presented for your acceptance in certain areas of the Site, these Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Use. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 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 permitted by law, any disputes under these Terms of Use or relating to the Site 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 portion of these Terms of Use shall not constitute a modification or waiver of any other portion of the Terms of Use. No changes to these Terms of Use may be made except by a revised posting on this page.

Questions

If you have any questions about these Terms of Use, please contact NPR by e-mail at prssplanning@npr.org or by phone at 202.513.2600.

ContentDepot® is a registered trademark of National Public Radio, Inc.