The following Terms of Service cover KQED, KQEI, KQEH, and KQET (collectively, “KQED”)
1. General Rules and Definitions
2. Restrictions on Use of Site and Services
A. Age Appropriate.
You must be at least eighteen (18) years of age, be an emancipated minor, or, if over the age of 13, have the permission of your parent(s) or legal guardian(s), to register for certain features of the Site; submit any User Content (defined below) or personally-identifying information on or through the Site; participate in any online contests (unless otherwise noted in the contest rules); and/or place an order for merchandise on the Site and/or make a donation. If you are under 13 years of age, 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 the age of 13, we will remove that information from our database as soon as possible.
B. Non-Commercial, Personal Use Only.
The Site may be used for bona fide personal, non-commercial purposes only. The Site provides an online information exchange service for use by KQED and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any content for commercial purposes or otherwise use the content in a manner that is inconsistent with these rules and regulations.
C. You may not remove, copy, alter, reproduce, modify, create derivative works of republish, post, publicly perform, publicly display, broadcast, download, transmit, distribute, license or commercially exploit, in whole or in part, the Site, except as expressly permitted by these terms, the functionality of the Site, or, if applicable, by the respective content owner as indicated in any end user license agreement, if any, that accompanies such content, provided that you include without modification all copyright and other proprietary notices contained in the content.
D. You may not circumvent, disable or otherwise interfere with security- related features of the Services or features that prevent or restrict use or copying of any content. You further agree not to reverse engineer or jeopardize the correct functioning of the Site or attempt to gain access to secured portions of the Site to which you do not possess access rights.
E. You may not collect or harvest any personally identifiable information from the Site, nor use the communications system provided by the Site (e.g. blogs, discussion boards, comments, questions and answers) for any advertising, promotion or solicitation purposes, regardless of whether or not this is for commercial or non-profit purposes.
F. You may not use the Site to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, or soliciting support for legislative or other initiatives.
G. You may copy and download only the content designated on the Site as downloadable. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
H. You understand that when using the Site, you will be exposed to user-generated content (“User Content”) such as videos, photos, textual content or other materials or items submitted by you and other users, and that KQED is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Though KQED expects all users to adhere to our terms and content policies, you understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KQED and is affiliates with respect thereto, and agree to defend, indemnify and hold KQED and its affiliates, and/or licensors, and their respective trustees, directors and employees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
I. KQED reserves all rights not expressly granted in and to the Site and the content.
3. User Generated Content and Submissions, Including Comments
A. The Site may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) which contain User Content. You are solely responsible for your use of any Interactive Areas and you use them at your own risk. You understand that whether or not such User Content is published, we do not guarantee confidentiality with respect to any such User Content. You acknowledge that User Content 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 staff and on the Internet by the general public. You acknowledge that the Site, including its features, are for public and not private communications.
B. You shall be solely responsible for your own User Content and the consequences of KQED posting, publishing or otherwise distributing them. By submitting your User Content to the Site, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to upload, use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights, including privacy and publicity rights, in and to any and all User Content to enable inclusion, distribution and use of the User Content in the manner contemplated by the Site and these terms; (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution and use of the User Content in the manner contemplated by the Services and these terms; (c) the User Content is your own original work and that you own or control the necessary rights to enable inclusion, distribution and use of the User Content in the manner contemplated by the Services and these terms; (d) the User Content does not in any way violate any laws, rules or regulations, (e) the User Content is not in any way derogatory, abusive, defamatory, invasive of privacy or publicity rights, harmful to children, vulgar, profane, lewd, obscene, offensive, pornographic, threatening, harassing, violent, racist, or hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability; (f) the User Content does not violate or infringe upon the rights of any person or entity whatsoever; (g) the User Content is not an endorsement, express or implied, of any party, product, or other entity and (h) you have not received payment or consideration of any kind for submitting the User Content to KQED or the Site.
C. Unless you enter into a separate written agreement with KQED, we do not claim ownership in User Content you submit; however, by submitting the User Content to KQED, you hereby waive any and all moral rights in connection with the User Content and you automatically grant it and its licensees, a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, sub-license, modify, create derivative works of (including without limitation, to rename, edit, shorten, if video – split the videos into different segments, and use the entire User Content or segments thereof), publish, transfer, transmit, publicly display, publicly perform, host, index, cache, tag, encode, and/or adapt the User Content in any and all media formats and channels, including, but not limited to, the Services (including the advertisement and promotion thereof), third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant KQED and its licensees the right to contact you in connection with your User Content and to use your name, city and state or province and other information that you have provided in connection with the User Content.
You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, create derivative works of, publish, transfer, transmit, publicly display and publicly perform such User Content (in whole or in part) as permitted through the functionality of the Site and under these terms.
D. In connection with your User Content, you further agree that your will not upload content, or distribute anything that may be harmful to minors or that violates these terms.
E. KQED does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. Opinions on the Site are not to be construed as assertions of fact.
F. By uploading User Content, you are consenting to its display through the Site and for related promotional purposes.
G. You acknowledge KQED has no obligation to, and does not in the normal course, monitor or control any User Content you post on the Site and that KQED reserves the right to screen, refuse to post, remove or edit User Content 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 elect to screen User Content, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Content, 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 Content.
H. KQED may terminate your access to the Site for uploading material in violation of these terms, at any time, without prior notice and in its sole discretion.
4. Removal of Content
A. KQED does not permit the infringement of intellectual property rights, including copyright, on its Site, and KQED will remove Content (including User Content) if properly notified that such Content infringes on another’s intellectual property rights. KQED reserves the right to remove Content, including User Content without prior notice.
B. KQED reserves the right to change or discontinue temporarily or permanently any Content, or services available through the Site at any time without notice. KQED will not be liable to you or any third party for any modification or discontinuance of the services therein.
Some of the Content in the Site may now or in the future be made available under the specific terms of a license agreement. Where any matter contained in these Terms or elsewhere on the Site may be read so as to alter, amend or supersede any part of such license agreement, then the license agreement shall be taken to be the definitive and over-ruling part of these Terms.
All trademarks, service marks, and trade names are proprietary to KQED, unless otherwise noted, in which case they are the trademarks, service marks, and/or trade names of the respective owner as indicated by the mark, as the case may be. All rights are reserved by the respective owners. You may not use any KQED-provided service marks, logos or graphics, without KQED’s prior written consent, except that you shall have the right, and obligation, to use any KQED or other content provider service mark or logo included in, or required to be used in connection with, Content or other functionalities of the Site, subject to the requirements set forth in these Terms for the use of the Content or other functionalities of the Site.
All rights, including copyright and database right, in this Site and the Site’s content (including all text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips, any after-sales material, and ancillary materials) are owned by or licensed to KQED, or otherwise used by KQED as permitted by applicable law or agreement. In the case of User Content, the contents are licensed to KQED by the user as set forth herein.
A. Notification of Copyright Infringement. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Site infringes upon your copyrights, you may submit a notification to KQED’s Designated Agent pursuant to the Digital Millennium Copyright Act (“DMCA”) section 17 USC 512 (c) (3). All notifications of claimed copyright infringement should be forwarded to our Designated Copyright Agent: Rebecca Hopkins, 2601 Mariposa Street, San Francisco, CA 94110, fax: 415-553-2895, email: firstname.lastname@example.org.
According to Section 512 (c)(3)(a), any copyright infringement notification must include:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed 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 reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has 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; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the above requirements, your notice may not be valid pursuant to the DMCA.
B. Counter-Notice. If any of your User Content has been removed or disabled because of a matter of possible copyright infringement, and you believe that your Content is not infringing or that you have the authorization from the copyright owner or the copyright owner’s agent, you may send a counter-notice containing the following information to the Designated Agent:
i. A physical or electronic signature of the subscriber.
ii. Identification of the material that has 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.
iii. 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.
iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for Boston, Massachusetts for the resolution of any copyright or other claims arising out of your use of the Site or under the Terms, and a statement that you accept service of process from the person who provided notification of the alleged infringement.
8. Links to Third Party Sites, Embedded Tools and Services
KQED Services contain links to Internet sites, applications and services maintained by third parties, over which KQED has no control. KQED does not endorse the content, operators, products or services of such sites, and KQED is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. You further acknowledge and agree that KQED 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, goods or services available on or through any such site or resource.
In some cases, the Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. For instance, the Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to KQED and that your use of the third party services is subject to the terms and policies of those services.
9. User’s Obligation to Abide By Applicable Law.
In connection with the use of the Services, you shall abide by all applicable federal, state and local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The content available on or through the Services may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
10. Disclosure of Online Communications.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of KQED may, in the course of their regular duties, have access to communications for technical or operational purposes. KQED may also disclose any communications to the extent permitted or required by law.
11. Prohibition Against Rogue Programming
You shall not post, transmit or make available in any way through the Site any software or other materials which contain a computer virus, trojan horse, worm or other rogue programming (“Rogue Programming”). KQED has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
12. Podcasts and Content Feeds
The MP3 audio files and XML files that together comprise a KQED produced and originated podcast (herein referred to as the “Podcast”) are protected by U.S. and international copyright laws. All rights to Podcast(s) produced by KQED and originated from kqed.org, including the content and technology included therein, are reserved to KQED. KQED produced and originated podcast(s) are available for personal, noncommercial use only. You may link to KQED Podcast(s) from your personal Web site and audio files may be downloaded and played on any system for personal, noncommercial purposes, provided that, unless permission to do so is expressly stated:
(a) you do not modify or delete any of the Podcast content nor individual audio files;
(b) you do not redistribute the MP3 audio files made available as part of the Podcast nor any audio file downloaded from the Site;
(c) the use or display does not suggest that KQED nor the producer of the Podcast(s) promotes or endorses any third party causes, ideas, Web sites, products or services;
(d) audio files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from the producer and KQED, except as permitted by law.
For permission requests, please contact KQED.
KQED reserves the right to discontinue providing Podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the Podcast at any time for any reason.
Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the Podcast producer, KQED, nor any local station be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the Podcast(s).
All elements of the Site, including without limitation, software, text, graphics, logos, button icons, images, audio clips, streams, downloads, and data compilations, (but specifically excluding any Content you put on the Site), are as between you and KQED, the sole property of KQED or its licensors, and protected by United States and international law, including copyright law. All rights reserved. All other trademarks on the Site are the property of their respective owners. Except for content for which KQED gives explicit authorization, or as otherwise permitted under law, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way.
14. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE KQED SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KQED DOES NOT WARRANT THAT ANY CONTENT IS COMPLETE OR ACCURATE, THAT THE KQED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY CONTENT IS FREE OF ROGUE PROGRAMMING. NOADVICE OR CONTENT OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SITE AND IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15. Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KQED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE KQEDSITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON CONTENT AVAILABLEON THE KQED WEBSITE, , INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
16. Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST KQED AND/OR THE MEMBER STATIONS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE KQED SITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, KQED FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE KQED WEBSITE OR FAILURE TO ABIDE BY APPLICABLE LAW.
These terms may be modified by KQED from time to time without notice. Continuing to use the Site after a change has been made will signify your acceptance of the changes. You should refer back to this page for future updates.
19. Use of Third Party Content: Associated Press
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
20. General Information
Entire Agreement. The Terms constitutes the entire agreement between you and KQED and governs your use of the Site, superseding any prior version of these Terms between you and KQED with respect to the Site.
Choice of Law and Forum. You and KQED each agree that the Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and KQED, shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and KQED agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Updated September 2015