Terms of Use

 

CHICAGO PUBLIC MEDIA TERMS OF USE

 

EFFECTIVE DATE: March 15, 2013

 

Please review these Terms of Use before accessing this site. These Terms of Use and our Privacy Policy cover our sites located at chicagopublicmedia.org, wbez.org, vocalo.org, soundopinions.org and thisamericanlife.org (collectively, the “Sites”). These Terms of Use apply to all software, information, materials and content made available on, by or through the Sites and includes any information, materials and content posted by you (the “Content”). By using the Sites, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the Sites and do not use the Sites. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Sites. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Sites following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to such changes.

 

PERSONAL USE

In connection with the use of the Sites, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency and Intellectual Property Laws (as defined below) (“Applicable Law”). The Information available on the Sites may include intellectual property that is protected under applicable copyright, trademark and other intellectual property laws and proprietary rights (“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.

 

Content may not be copied, reproduced, republished, performed, uploaded, posted, transmitted, or distributed in any way, without our prior written permission, except that you may download one copy of the Content on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the materials for any other purpose is a violation of our rights. If you download Content from the Sites, the Content, including any files, images incorporated in or generated by the Content, and data accompanying the Content are licensed to you by us. We do not transfer any right, title or interest in or to the Content to you. We retain full and complete title to the Content and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Content.

 

Products made available for sale or download via the Sites are for personal, home or non-commercial educational use only, provided that some Content may be made available under different terms or may be subject to a separate license agreement.

 

OBLIGATION TO COMPLY WITH APPLICABLE LAW

These Sites are public forums. You shall not post, publish, transmit, reproduce, distribute any computer virus, trojan horse, timebomb, worm or other malicious code through the Sites or in any way use or exploit any Content for commercial purposes or otherwise use the Content in a manner that: (a) violates any Intellectual Property Laws; (b) interferes with any other person’s use of the Sites; (c) interferes with the privacy of any other user; (d) contains false or misleading statements of fact or descriptions of the origin of the material or the communication; (e) is abusive, illegal, defamatory, libelous, indecent, obscene, offensive, profane, inflammatory, pornographic or threatening in any way; (f) advertises any service or product; or (g) encourages conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any Applicable Law. We will fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity of anyone posting the information or materials set forth above.

 

PUBLIC DISCLOSURE OF ONLINE COMMUNICATIONS

When posting Content to the Sites, do not post personal information as all Content is made publicly available. Accordingly, you acknowledge and understand that: (a) we do not guarantee the security of any Content you disclose online; (b) any such disclosure is made at your own risk; (c) you have no expectation of privacy with regard to any such Content; and (d) all such Content is meant for public disclosure.

 

By submitting Content to the Sites, you expressly grant to us and our affiliates and assignees the right to reproduce, adapt, perform, display and distribute any such Content in any form worldwide, in perpetuity without providing credit or payment to you.

 

RESPONSIBILITY FOR CONTENT

You are responsible for the Content you put on the Sites. You may only submit Content for which you have the rights or specific permission to distribute electronically. We do not endorse any Content and such Content does not reflect our opinions and views. While we may, from time to time, monitor or review Content, including any discussions, chats, postings, transmissions, bulletin boards and the like on the Sites, we are under no obligation to do so and we assume no responsibility or liability arising from the Content submitted by you. We reserve the right to review any Content that is or becomes available on the Sites as well as we reserve the right to refuse to post or to remove any Content that is, in our sole and absolute discretion, unacceptable, undesirable or in violation of these rules. However, we shall have no obligation to exercise such reservation of rights.

 

DISCLAIMER OF WARRANTIES.

THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY CONTENT IS COMPLETE OR ACCURATE, THAT THE SITES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF MALICIOUS CODE.

 

LIMITATION OF DAMAGES.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SITES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SITES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

 

IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES.

 

RELEASE AND INDEMNITY

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST US AND OUR AFFILIATES AND OURS AND THEIR RELATED PARTIES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITES OR FAILURE TO ABIDE BY APPLICABLE LAW.

 

LINKS TO THIRD PARTY WEBSITES

The Sites may link to websites of third parties or may be linked to from such third party websites. We are not responsible for the content of any such third party websites. Your viewing any other website is at your own risk.

 

LINKING TO THE SITES

You may link to individual pages within the Sites, but you must do so in a way that presents the page in its entirety. You may not cause the Sites or a webpage contained therein to appear within the frame of another website nor may you link to individual page elements such as a graphic or image, without our prior written consent. You may not link directly to an audio file or audio stream from the Sites, but rather, you must link to the Site page from which the file is accessed.

 

Links to the Sites may be presented in text format only. You may not use our marks, logos, photos or other images in association with links without our express written permission. Such links to the Sites are at your own risk. We reserve the right to change the structure and page filenames, which may result in broken links from external sites.

 

PERMISSION TO REPUBLISH

Any requests for permission to republish Content from the Sites in any form should be submitted using our online request form.

 

DMCA Notice of Copyright Infringement

We respect the intellectual property of others and we ask those submitting Content to the Sites to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

 

·         The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.

·         A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

·         Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.

·         Identification of the URL or other specific location the Content that you claim is infringing is located; you must include enough information to allow us to locate the Content.

·         Your name, address, telephone number, fax number, and e-mail address.

·         A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

·         A statement by you, made under penalty or perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

Our agent for notice of claims of copyright infringement on this site can be reached as follows:

 

By mail: Chicago Public Media, Inc., 848 East Grand Ave., Chicago, IL 60611, attn.: DMCA Agent

 

By e-mail: dmca@chicagopublicmedia.org , with the subject line “DMCA”

 

NOTICE

By using the Sites, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we electronically send to you satisfies any legal communication requirements, including that such communications be in writing.

 

GOVERNING LAW

Your use of the Sites shall be governed in all respects by the laws of the state of Illinois, U.S.A. without regards to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Sites (including but not limited to the purchase of products on the Sites) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Cook County, Illinois.

 

NO WAIVER

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. If any provisions of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.