RIGHTS AND RESTRICTIONS
License Grant We may provide via the Site information, data, text, images, software and other materials created by us or our licensors or uploaded to the Site by our affiliates, advertisers, users, third party partners and/or licensors (the “Content”). The Content available through this Site constitutes our property or the property of our affiliates, advertisers, users, third party partners and/or licensors, and is protected by state, national and international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Site is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content or material, including code or software, from the Site. You may download material from the Site and may use the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Associated Press Materials Some of the Content on our Site may be provided by the Associated Press. By using this Site you acknowledge that (1) Associated Press text, photo, graphic, audio and/or video material will not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, and (2) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions in these materials or in the transmission or delivery of all or any part of these materials or for any damages arising from any of the foregoing.
Trademarks This Site’s domain name and the logo(s) (if any) associated with this Site are trademarks of Pacific Public Media. The names of other products and services referred to on this Site may be the trademarks and service marks of their respective owners. You may not use any trademark or service mark appearing on this Site without the prior written consent of the owner of the mark.
Linking and Framing You may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of or affiliation with your site by us. However, you may not, without our prior written permission, frame any of the content of the Site, or incorporate into another website or other service any material, content or intellectual property belonging to us, our parent or affiliate companies, or any of our or their licensors.
USE OF INTERACTIVE FEATURESResponsibility for User-Submitted Content. Our Site may include public posting areas and interactive features, such as “contact us” tools and email features, and comment fields, blogs, forums and other community publishing areas, that allow users to send content and materials to us and/or to display content and materials on the Site. You will be solely responsible for any and all content and materials of whatever nature that you post on, transmit to or link to from the Site.
Your License to Us By submitting material to us, you represent that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Site, such as any comment areas, forums, or community publishing areas, you agree that we, including our partners, agents, affiliates and service providers, may reproduce, modify, disclose and distribute such material as we see fit in any medium and for any purpose. You grant us, and our partners, agents, affiliates and service providers, a perpetual, irrevocable, worldwide, royalty free, transferable, fully sublicensable and non-exclusive license to reproduce, modify, disclose, distribute, adapt, broadcast, translate, create derivative works from, publish, perform and display such material (in whole or part) on the Site, via any of our FCC-licensed stations associated with the Site, and in any other medium now known or hereafter developed, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we, including our partners, agents, affiliates and service providers, may identify you as the author of any of your postings by name, email address or screen name as we deem appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You will not receive any compensation of any kind for any materials submitted by to a public posting or interactive area of the Site.
Specific Prohibited Acts Without limiting the generality of the foregoing, you agree not to use any portion of this Site to post or otherwise make available any content or material or, as applicable, to engage in any conduct or activity that:
- is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy the Site;
- harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- harms minors in any way;
- impersonates any person or entity, including, but not limited to, a Site employee, forum moderator or another user, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
- includes personal or identifying information about another person without that person’s explicit consent;
- is false, deceptive, misleading, or deceitful;
- infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- constitutes or includes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
- interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site;
- intentionally or unintentionally violates any applicable local, state, national or international law;
DISCLAIMERS LIMITATION OF LIABILITY; INDEMNIFICATION YOU EXPRESSLY AGREE TO ASSUME FULL RESPONSIBILITY FOR, AND ALL RISKS RELATED TO, YOUR USE OF THIS SITE. THIS SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE, OUR PARENT COMPANY, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. This Site is provided for informational purposes only and is not intended for any other purposes. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs.
You must provide, and are solely responsible for, all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Our Site may include links to websites offered or maintained by third parties. Linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such external websites, and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites. In addition, a third party may have privacy and data collection practices that are different from ours, and we have no responsibility or liability for these independent policies; we recommend that you read all applicable policies of such third party website(s) before submitting any personally identifying information.
YOU UNDERSTAND AND AGREE THAT (I) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR PARENT COMPANY OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ANY MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES, MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) IN NO EVENT WILL OUR OR OUR PARENT COMPANY’S OR ANY OF OUR AFFILIATES’ AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THE SITE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR FIFTY DOLLARS (US $50) (WHICHEVER IS LESS). (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF US AND OUR PARENT COMPANY AND AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)