Terms of service.

Terms of service effective January 3, 2017

I. WEBSITE TERMS OF USE

Thank you for visiting this site, which is owned and operated by the American Public Media Group. These Terms of Use govern your use of this site and all sites owned and operated by American Public Media Group (APMG) or one of its related companies and activities, including Minnesota Public Radio (MPR), American Public Media (APM), Southern California Public Radio (SCPR), Pretty Good Goods (PGG) and The Fitzgerald Theater Company (collectively, American Public Media Group, MPR, APM, SCPR, and The Fitzgerald Theater are “APMG,” and also referred to as “we,” “us,” and “our;” and collectively, all such sites are referred to as “this Site”).

In addition, these Terms of Use govern your use of all materials including APMG’s mobile apps, podcasts (herein “Podcast or Podcasts”), online communications and other content that is, or becomes available on this website. You shall not post, publish, transmit, reproduce, distribute on in any way use or exploit any information for commercial purposes, neither can you use the information in a manner that is inconsistent with these rules and regulations. You shall abide by all applicable federal, state or local laws, including copyright or trademark infringement. BY SIGNING ON AND USING APMG ONLINE, YOU AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.

Definitions:

The terms “APMG,” “we,” “us,” and “our” refer to American Public Media Group or one of its related companies, including Minnesota Public Radio (MPR), American Public Media (APM), Southern California Public Radio (SCPR), Classical South Florida (CSF), and The Fitzgerald Theater.

The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback.

The term “Fair Use” refers to the legal doctrine[Link to Wikipedia Fair Use Doctrine] that permits limited use of copyrighted material under certain limited circumstances without acquiring prior permission from the rights holders.

The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

The term “including” means “including, but not limited to.”

The term “Site” refers to the website located at [url] and owned by APMG or one of its subsidiaries.

The term “User-Generated Content” or “UGC” means all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post using the social networking tools we make available to you and that does not constitute “Feedback.”

II. COMPLIANCE WITH TERMS

(a) Acceptance of Terms of Use

These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

(b) Acceptance of Our Privacy Policy

As previously referenced, by using this Site, you are agreeing to comply with and be bound by these Terms of Use; BY AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE, YOU AGREE TO THE TERMS OF OUR PRIVACY POLICY, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

III. CONSENT TO OTHER AGREEMENTS

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

IV. OWNERSHIP OF THIS SITE

(a) Contents

This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of APMG, or the material is included with the permission of the rights owner. All Content is protected pursuant to applicable copyright and trademark laws.

You understand that APMG presenting and/or providing Content on this Site does not constitute a waiver of any of our rights in such Content. You do not acquire ownership rights to any such Content viewed through this Site. EXCEPT AS OTHERWISE PROVIDED HEREIN, NONE OF THIS CONTENT MAY BE USED, COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, MODIFIED, DISPLAYED, POSTED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, OR OTHERWISE, WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION.

Permission is hereby granted, to the extent necessary and consistent with Fair Use, (i) to lawfully access and use this Site, and (ii) to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (a) do not modify the Content; (b) you retain any and all copyright and other proprietary notices contained in the Content; and (c) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Prior permission must be obtained for any other use of the Site or of Content on the Site. For information on how to obtain permission, see the information posted here.

(b) Trademarks and Copyrights

The APMG names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of APMG (the “APMG Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners.

You are not authorized to display or use the APMG Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the APMG Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

(c) Podcasts

The MP3 audio files and XML files that together comprise an APMG-hosted podcast (herein referred to as “the Podcast or Podcasts”), or any podcast featured on APMG-owned platforms, are protected by U.S. and international copyright laws. All rights to a podcast originate from the producer, including the content and technology included therein, and all rights are reserved to the producer. APMG-produced Podcast(s) are available for personal, noncommercial use only. You may link to APMG 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 americanpublicmedia.org;

(c) the use or display does not suggest that APMG, its related companies 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 of APMG.

APMG 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.

The Podcast producer and/or APMG may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online.

Under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, shall the podcast producer, APMG, nor any related companies be liable to you or any other person for any indirect, special, incidental, 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).

V. RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON OR THROUGH THIS SITE

(a) You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC.

This means that you, not APMG, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission prior to your posting someone else’s work.

Because we do not control the UGC posted on or through this Site, WE CANNOT AND DO NOT WARRANT OR GUARANTEE THE TRUTHFULNESS, INTEGRITY, SUITABILITY, OR QUALITY OF THAT UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. WE HAVE NO RESPONSIBILITY FOR ANY UGC, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS THEREIN. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND YOU MAY CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY UGC POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THIS SITE. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of APMG or any person or entity associated with APMG.

(b) You own User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC.

However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.

For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

(c) We may disclose and/or remove User-Generated Content. APMG has the right (but APMG not assume the obligation) to:

  • monitor all UGC;

  • require that you avoid certain subjects;

  • remove or block any UGC at any time without notice at our sole and absolute discretion;

  • disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of APMG or others, or to enforce these Terms of Use; and

  • terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.

(d) Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:

Upload, post, transmit or otherwise make available:

  • any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;

  • any UGC that constitutes or encourages activity illegal under criminal or civil law;

  • any UGC that is false, misleading, or fraudulent;

  • any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;

  • any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen (18) years old and you have first obtained his/her express permission or (ii) that person is under eighteen (18) years old but you are his/her parent or legal guardian;

  • any request for or solicitation of any personal or private information from any individual;

  • any request for or solicitation of money, goods, or services for private gain;

  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

  • any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;

  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or

  • violate any local, state, national or international law, rule or regulation.

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.

VI. REMOVAL OF CONTENT

(a) In general. You can seek removal of objectionable UGC by contacting us using the information provided below [insert link]. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.

(b) Violation of copyrights. APMG does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we confirm is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);

  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and

  • a written 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; and

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

Your statement must be addressed as follows:

American Public Media Group
ATT: Copyright Agent – Legal Department
480 Cedar Street
St. Paul, MN 55101
651-290-1500
legal@mpr.org

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

VII. YOUR FEEDBACK

Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

VIII. YOUR OBLIGATIONS

In consideration of your use of this Site, you agree that to the extent you provide personal information to APMG it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. [insert link] Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

IX. DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, APMG, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APMG, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

APMG DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED APMG SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF APMG. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE AND PROTECTION OF THIS DISCLAIMER.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

X. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights, and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

XI. LINKS TO THIRD-PARTY WEBSITES

This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. APMG 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

XII. MODIFICATION AND DISCONTINUATION

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

XIII. WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by APMG of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

XIV. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

XV. GOVERNING LAW, JURISDICTION AND VENUE

These Terms of Use will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in Ramsey County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

XVI. INDEMNITY

By using this Site, you agree to indemnify and hold APMG, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

XVII. THESE TERMS OF USE MAY CHANGE

These Terms of Use are current as of the effective date set forth above. APMG reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, YOU MUST NOT USE THIS SITE.

XVIII. ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and APMG with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and APMG with respect to this Site and your use of this Site.

XIX. QUESTIONS

If you have any questions about this Site or these Terms of Use, please contact us.

 

Current Terms – Effective January 2, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this site means that you agree to these terms of use. If you do not agree to these terms of use, do not use the site.

This site contains intellectual property owned by Minnesota Public Radio and others. No material from MPR Online or any Web site owned, operated, licensed, or controlled by MPR Online, Minnesota Public Radio, or any of its related, affiliated or subsidiary companies (collectively, “MPR”), may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of MPR, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of MPR’s copyright and other proprietary rights.

If you download software from MPR Online, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by MPR. MPR does not transfer title to the Software to you. You own the medium on which the Software is recorded, but MPR retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

All comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to MPR through use of this site or in response to solicitations in this site or other MPR sites (collectively, the “Responses”) shall become the property of MPR. MPR does not have any obligation of confidence and shall not be liable for any use or disclosure of any Responses. Unless otherwise stated, MPR and its licensees are entitled to unrestricted use of the Responses for any purpose whatsoever, commercial or otherwise, without compensation to you.

This site is controlled and operated by MPR from its offices within the State of Minnesota, United States of America. Anyone who accesses this site from other locations does so on their own initiative and is responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) of any country to which the U.S. has restricted exports. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

This agreement is effective until terminated by either party. Upon termination you must destroy all materials obtained from any and all MPR site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise.

The materials in this site are provided “AS IS” and without warranties of any kind, either express or implied. MPR does not warrant that the functions contained in the materials will be uninterrupted or error-free or that defects will be corrected. MPR also does not warrant that this site or the server that makes it available are free of viruses or other harmful components.

Please note: Links are provided for reference purposes only. Minnesota Public Radio has not evaluated the information provided on every site it links to, and their appearance here does not constitute an endorsement of any organization.

LINKS TO MPR AND APM WEB PAGES

You may link to individual pages within MPR and APM Web sites, but you must do so in a way that presents the page in its entirety. You may not cause an MPR or APM Web page to appear within the frame of another site nor may you link to individual page elements such as a graphic or photograph. You may not link directly to an MPR or APM audio file or to an audio stream; you must link to the MPR or APM page from which the file is accessed.

Links to MPR and APM Web pages may be presented in text format only. MPR and APM-owned marks, logos, photos, or other images may not be used in association with links without express permission.

Links to MPR and APM sites are made at the webmaster’s own risk. We reserve the right to change site structure and page filenames, which may result in broken links from external sites.


PERMISSION TO REPUBLISH MPR|APM CONTENT

Please see our permissions page for information on republishing MPR|APM content.

If you are a broadcaster with questions about airing MPR|APM programming, please contact American Public Media.


USER SUBMISSIONS TERMS OF USE

User submissions include, but are not limited to, posts to the MPR and APM discussion boards, submissions to the commentary spaces, and all other content provided to any MPR and APM Web sites by a site visitor.

 

  1. You are responsible for all of your submissions.
    You may not post any messages misrepresenting yourself as someone else, or by using a false e-mail address. In MPR and APM forums and content contributions, you must post under your own username, and are responsible for all posts from your account.

  2. Your submissions may not infringe upon others’ use and enjoyment of the MPR and APM Web sites.
    Do not post any material or links to material that is libelous, defamatory, false, obscene, violent, abusive, threatening, harassing, prejudicial, or is otherwise in violation of the law or MPR’s guidelines. (If you see a violation of this policy in an MPR or APM discussion space, please e-mail forum@mpr.org.)

  3. You must have the rights to what you submit.
    You may only submit content for which you have the copyright or other specific permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, or proprietary rights. You acknowledge that any submitted materials are in the public domain.

  4. You grant us rights to what you submit.
    When you submit materials to the MPR and APM Web sites, you grant us an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form.

  5. You may not submit content for commercial purposes.
    You cannot use MPR and APM Web sites, including but not limited to the discussion boards, for commercial purposes, nor to distribute or otherwise publish any material containing requests for money, advertising, or solicitations and promotions of goods and services.

  6. You hold us harmless.
    MPR and APM do not endorse and are not responsible for any statement, opinion, or advice given or made by anyone other than authorized MPR and APM representatives. All postings are those of the author, and you rely on such information at your own risk.

  7. Your submission may be removed by us at our discretion, for any reason, or not posted at all.
    We will enforce the policies above through not posting offensive content, and removing such postings from the discussion boards. In instances of willful abuse, we reserve the right to take whatever action it determines is appropriate, including the termination of access privileges and legal action.



HOW TO MAKE A CLAIM OF COPYRIGHT INFRINGEMENT

Minnesota Public Radio and its affiliated companies, including its national production and distribution arm American Public Media respect the intellectual property of others and we ask those posting to this site 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:

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

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

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

  4. Identification of the URL or other specific location of this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.

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

  6. 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.

  7. 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:
Rocky Rothrock
Senior Paralegal
Minnesota Public Radio
480 Cedar Street
Saint Paul, MN 55101By phone: 651-290-1199
By fax: 651-290-1243
By e-mail: rrothrock@mpr.org This contact information is only for reporting copyright infringement.