IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE PRI.ORG. PRI MAY TERMINATE YOUR ACCESS TO THE WEBSITE AT ANY TIME, FOR ANY REASON, WITHOUT NOTICE TO YOU. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Except as otherwise provided in this Agreement, all materials displayed on the Website, including but not limited to text, photographs, images, illustrations, data, graphics or other content (“Materials”) are owned by PRI or its licensors or other affiliates, and are protected by copyright, trademark and other laws. When you view or use these Materials, they are provided to you by PRI under a revocable license. PRI retains full right to and title in the Materials. You may not copy, publish, redistribute or sell any of the Materials, nor may you reverse engineer, disassemble or otherwise convert such Materials to any other form. You acquire no rights or license whatsoever in the Materials.
Access and Use of the Website
To gain access to any non-public areas of the Website and/or to use certain social networking tools available on the Website, you must register for an account (“Account”) and obtain a user name (“User Name”). You agree to register only a single User Name in connection with the Website, unless granted written permission by Website staff. Each Account and User Name are for a single user only. You are not allowed to share your Account and User Name or give your login credentials to anyone else. PRI may cancel or suspend your access to Website and Services if you share your Account and/or User Name.
Once PRI has issued a User Name for your Account, you may, to the extent allowed on the Website, set up a member profile (“Profile”). User Names and Profiles may not contain inappropriate or obscene words, phrases, or combinations of graphics, or any other content that reasonably would be construed as offensive, vulgar, obscene, hateful, racist, inappropriate or objectionable. PRI is the sole judge of whether a User Name or Profile information is inappropriate or objectionable. “Inappropriate” and “objectionable” language includes, but is not limited to obscene, defamatory, racial or profane words, phrases or combinations of characters. Your User Name and Profile may not contain words, phrases, or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any third party with which you are not, in fact, affiliated. Although your User Name need not reveal your identity, you are required to provide truthful and complete disclosure of your name, the entity you represent (if applicable) and the address and phone number where you can be reached, if requested. Failure to provide this information or providing false information will result in termination of your Account and right to access the non-public areas of the Website. You must use a password in conjunction with your User Name to access the non-public areas of the Website, including your Account, and to use certain social networking tools available on the Website. You may select the password yourself. You must provide accurate identification to retrieve a password you have forgotten. PRI will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password.
At any time, and in its sole discretion, PRI can remove any User Generated Content (as defined below) that it deems objectionable, including, but not limited to, User Generated Content that is racist, sexist, potentially libelous, defamatory, malicious, profane, copyright-protected or otherwise containing third-party intellectual property, off-topic, disrespectful to other users, consists of inflammatory attacks of a personal nature, factually incorrect, used to identify anonymous users, incendiary to violence or other criminal activity or commercial advertisements. In addition to removing your objectionable User Generated Content, PRI also may ban you from accessing the Website. If PRI bans you from the Website, for any reason, in PRI's sole discretion, you may not return to the Website under any circumstances and you may not register under a different User Name and/or Account. If you return to the Website or attempt to return to the Website after PRI has banned you from access, you will be deemed to have breached this Agreement, and PRI reserves the right to pursue all rights and remedies available to it at law or in equity with respect to such breach.
Sharing Content and Information on the Website
You hereby grant to PRI an irrevocable license to reproduce, distribute, display, publish, use and prepare derivatives of all remarks, comments, blog posts, suggestions, ideas or other information that you communicate through or on the Website (“User Generated Content”). You acknowledge and agree that PRI may edit, remove, modify, publish, transmit and/or display your User Generated Content and you waive any rights you may have in such User Generated Content being removed, altered or changed in a manner not agreeable to you. PRI and its designees will be free to copy, publish, disclose, distribute, incorporate and otherwise use your User Generated Content for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the User Generated Content. If you delete your User Generated Content, you understand that it may still exist in backup copies. When you publish User Generated Content on the Website, you understand that such User Generated Content may be publicly available on the Internet and that PRI has no responsibility for or control over any use or further dissemination thereof.
For all User Generated Content that you supply, you represent and warrant that: (i) you have all rights necessary to distribute and publish such User Generated Content; (ii) that if your employer has rights to intellectual property you create, that you have either (a) received permission from your employer to post or make available the content, or (b) secured from your employer a waiver as to all rights in or to the content; (iii) you have fully complied with any third-party licenses relating to the content; (iv) that it does not contain or install any viruses, worms, Trojan horses or any other harmful or destructive code; (v) that it is not and does not contain spam, is not machine- or randomly-generated and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (vi) that it is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and (vii) that it does not contain any false statements. You agree to defend, indemnify and hold harmless PRI from any liability that it may incur as a result of your User Generated Content.
Any user who believes that any User Generated Content is in violation of this Agreement is encouraged to flag for removal the relevant post or posts. PRI has the ability to remove objectionable User Generated Content and will make reasonable efforts to do so.
Other than as expressly allowed herein, you may not modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer or sell any information, User Generated Content (other than User Generated Content supplied by you) or Materials obtained from the Website. Provided that you do not modify or delete any copyright or other proprietary notices, you may display and electronically copy, download and print hard copy portions of the Materials and User Generated Content contained on the Website, but only for your own noncommercial use. Any other use is strictly prohibited.
Except for your own User Generated Content, you acknowledge that all intellectual property rights and other legal means of ownership in the Materials and User Generated Content residing on the Website remain with PRI, its licensors, affiliates, other Website users and third party developers. The trademarks, logos, and service marks displayed on the Website, including but not limited to the marks “PRI” and “PRI's The World” (collectively, “Marks”), are owned by PRI or its affiliates. Nothing contained on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Website without the express written permission of PRI. The misuse of Marks displayed on the Website, or any other content on the Website, is strictly prohibited.
Although PRI may from time to time monitor or review any User Generated Content, PRI is under no obligation to do so and assumes no responsibility or liability arising from the posting of any User Generated Content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within any User Generated Content. PRI does, however, reserve the right to remove any User Generated Content a user brings to PRI's attention, if the possibility exists that such User Generated Content may result in PRI's liability, is an infringement of the rights of a third party, or is offensive to any third party in accordance with PRI's Intellectual Property Policy.
PRI operates certain Websites that allow users to upload an avatar image to their Profile. The user must hold the copyright or have the express permission of the copyright holder to use the relevant avatar image. Avatar images must not contain any graphic images and/or otherwise be objectionable. If the avatar image does not meet those standards or is otherwise a violation of copyright or any term of this Agreement, as determined solely by PRI, PRI may remove such avatar image without notice to the user. Further, if a user wishes to upload a new avatar image after such an image has been removed, the user must contact PRI and request that avatar privileges be restored.
DISCLAIMER OF WARRANTIES AND LIABILITY
PRI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, INCLUDING WITHOUT LIMITATION, ABOUT ANY USER GENERATED CONTENT, ALERTS, RSS FEEDS, PRODUCTS OR SERVICES OF PRI OR ITS VENDORS, AFFILIATES, LICENSORS OR USERS. THE WEBSITE AND THE MATERIALS, USER GENERATED CONTENT, ALERTS, RSS FEEDS, INFORMATION, SERVICES AND PRODUCTS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, AUDIO, DATA, TEXT, GRAPHICS AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PRI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS, USER GENERATED CONTENT, ALERTS, RSS FEEDS AND LIVE STREAM ON THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT PRI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PRI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PRI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE AND ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, USER GENERATED CONTENT, ALERTS, LIVE STREAM OR RSS FEEDS AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless PRI, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of this Agreement, your User Generated Content or any activity related to your Account or your use of the Website or any Services (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website using your Account.
Links to Other Sites
The Website may provide access to other websites. PRI does not control any such websites, and you access them solely at your own risk. PRI also does not endorse or approve any products or information offered at sites you reach through the Website. Check the Uniform Resource Locator (URL) address provided in your Internet browser to determine if you are still on the PRI Website or have moved to another website.
Purchases and donations
Certain aspects of the Service may allow you to make a donation or purchase merchandise for a fee.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Communications between PRI and users
If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services. PRI reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service. PRI reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information.
PRI may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
PRI controls and operates the Website and provides the Services from its headquarters in Minnesota. PRI does not warrant that the Website and Services are appropriate for use outside of the United States. You may not export the Materials or Services on the Website in violation of U.S. export laws. Any claim relating to the Website shall be governed by the substantive laws of the State of Minnesota, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Hennepin County, Minnesota or the United States District Court for the District of Minnesota located in Minneapolis.
Modification of the Website and this Agreement
By providing Materials on and Services through the Website, PRI does not promise that the Materials and/or Services will remain available to you. PRI is entitled to terminate all or any portion of the Website and/or Services at any time, without notice to you. PRI also reserves the right to change the terms under which the Website and Services are offered, and your use of the Website and Services following any such changes shall be deemed to constitute your consent to this Agreement and its modifications.
INTELLECTUAL PROPERTY POLICY
PRI has adopted the following general policy for copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (“DMCA”). PRI will respond to notices of this form from jurisdictions outside the U.S. The address of PRI Designated Agent to Receive Notifications of Claimed Infringement ("Designated Agent") is listed below.
Public Radio International
401 2nd Avenue N., Suite 500
Minneapolis, MN 55401
PRI may respond to a proper notice by (i) removing or disabling access to any Materials or User Generated Content claimed to be the subject of infringing activity; and (ii) removing and discontinuing Services and access to the Website to repeat offenders. If PRI removes or disables a Website user’s access in response to such a notice, PRI will make a good-faith attempt to contact the allegedly infringing user so that such user may submit a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that any Materials or User Generated Content on the Website is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). If you are not sure whether the Materials or User Generated Content infringe upon your intellectual property, please contact an attorney before contacting PRI.
If you believe that any Materials or User Generated Content residing on or accessible through the Website infringes a copyright or other intellectual property right, to provide PRI of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above (“Infringement Notification. Your notice must specify the type of infringement and include the following information”):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed (by email, fax or regular mail);
2. Identification in sufficient detail of the material being infringed, including the relevant patent, copyright or trademark registration number;
3. Identification of the Materials or User Generated Content that are claimed to be infringing the identified intellectual property. Include information regarding the location of the infringing Materials or User Generated Content with sufficient detail so that PRI is capable of finding and verifying its existence;
4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting PRI on the owner's behalf, the address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the Materials or User Generated Content is not authorized by the intellectual property or copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing allegedly infringing Materials or User Generated Content from the Website, PRI will make reasonable attempts to inform the Website user of the removal, the reason for the removal, and may provide the Website user with a copy of the notice and the notifying party’s contact information.
B. Removal of Allegedly Infringing Material
Once a proper Infringement Notification is received by the Designated Agent, PRI may remove or disable access to the Materials or User Generated Content infringing the identified intellectual property. If PRI removes or disables access to any Materials or User Generated Content in response to an infringement notice, PRI will make reasonable attempts to notify the Website user that PRI has removed or disabled access to the Materials or User Generated Content. Repeat offenders will have all User Generated Content removed from the Website and PRI will terminate such users’ access to the Website.
C. Procedure to Submit a Copyright Counter-Notice to the Designated Agent
If you materially misrepresent that your User Generated Content is not infringing the intellectual property identified in the Infringement Notification, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not your User Generated Content infringes the identified intellectual property, please contact an attorney before contacting PRI.
If you believe that your User Generated Content that was removed or to which access was disabled is not infringing a third party’s intellectual property right, you must send a counter-notice, pursuant to §512(g)(2) and (3) of the DMCA. Please do not re-post the User Generated Content at issue yourself. The counter-notice must contain the following information to the Designated Agent listed below.
1. Your physical or electronic signature (by email, fax or regular mail);
2. Identification of the User Generated Content that has been removed or to which access has been disabled and the location at which the User Generated Content appeared before it was removed or disabled;
3. A statement, under penalty of perjury, that the you have a good faith belief that the Submission was removed or disabled as a result of mistake or misidentification of the Submission;
4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the complaining User’s address is located, or if your address is located outside the United States, for any judicial district in which PRI is located, and that you will accept service of process from the complaining User who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, PRI may send a copy of the counter-notice to the original complaining party informing that person that PRI may replace the removed User Generated Content or cease disabling it in ten (10) business days. Unless the copyright or intellectual property owner files an action seeking a court order against the allegedly infringing Website user, the removed User Generated Content may be replaced or access to it restored in ten (10) to fourteen (14) business days after receipt of the counter-notice, at PRI's discretion.
Please contact PRI's Designated Agent to submit Infringement Notifications and Copyright Counter-Notices at the following address:
Public Radio International
401 2nd Avenue N., Suite 500
Minneapolis, MN 55401