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Terms of Use

Updated August 28, 2013


See related: NPR Listens Privacy Policy

Introduction; Consent to Terms

Please read these NPR Listens Terms of Use before using NPRListens.org, or any features of this website (collectively the “Site”). National Public Radio, Inc. (“NPR”) is making the Site available to you under these Terms of Use. By using the Site in any way, including merely browsing, you agree to be bound by these Terms of Use and the NPR Listens Privacy Policy. If you do not agree to be bound by these Terms of Use and the NPR Listens Privacy Policy, please exit the Site. We reserve the right, at our discretion, to change portions of these terms of Use at any time by posting updated Terms of Use or an updated Privacy Policy on the Site. Please check these Terms of Use and the Privacy Policy frequently for updates. Any changes will be effective immediately upon posting. Your continued use of the Site following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Additional terms and conditions — such as, for example, the rules of any sweepstakes or contests operated by or through the Site — may apply to your use of particular areas of the Site. We will post any additional terms and conditions on the Site. If there is any conflict between those additional terms and conditions and these Terms of Use, the additional terms and conditions will take precedence over these Terms of Use.

Eligibility to Register for and Use the Site

Except for its home page, the Site is accessible only to registered users. Registration for the Site is open only to individuals who are at least 18 years old. If you do not qualify, please do not use the Site. NPR may refuse access to the Site to anyone at any time, in its sole discretion. Registration is limited to one registration per individual.

Proprietary Rights

The contents of this Site are protected by U.S. and international copyright laws. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Site without the prior written consent of NPR, except as provided in the next sentence. You may copy, download one copy on a single computer, and print a limited amount of content for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests NPR promotes or endorses your, or any third party’s, causes, ideas, websites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity.

National Public Radio®, NPR®, and NPR program names, member station names, logos and program names, and content provider names, logos and program names, are service marks of National Public Radio, Inc., its member stations or the content providers. All rights reserved. You may not use any NPR-provided service marks, logos, or graphics without NPR’s prior written consent.

Framing

NPR does not allow framing of the Site.

Links to the Site

NPR is an organization committed to the highest journalistic ethics and standards and to independent, non-commercial journalism, in both fact and appearance. Accordingly, you are permitted to link to the Site’s home page, but you may not link to restricted areas of the Site (non-public areas accessible only to registered users). Furthermore, the linking should not (a) suggest that NPR promotes or endorses any third party’s causes, ideas, websites, products, or services, or (b) use NPR content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third-Party Web Sites

This Site may include links to websites maintained by third parties, over which NPR has no control. NPR does not endorse the content, operators, products or services of such websites, and NPR is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such websites. NPR 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, products or services available on or through such websites.

Privacy Policy

The Site provides a Privacy Policy, which makes up part of these Terms of Use. Any personally identifying information that we collect from you through the Site, and also any information that we exchange in connection with a survey, are subject to the Privacy Policy.

Changes to Service

NPR has the right to change, refuse, suspend or terminate service, and to change or discontinue any aspect or feature of the Site, at any time without notice in its sole discretion.

Passwords


To use the Site, you must register and establish a password. You are solely responsible for all activities that occur using your registration or password. You must maintain the confidentiality of your password, and you agree to immediately notify NPR of any unauthorized use of your account or password.

The Discussion Forums

The Site may provide you with access to Discussion Forums for posting and receiving messages (“Messages”). The following rules apply to the Discussion Forums:

  1. You must be at least 18 years old to post, upload, transmit or otherwise submit (“Submit”) any Messages.
  2. You may not Submit any Messages or materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.
  3. You may not Submit any Messages, materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, or that constitutes hate speech or a personal attack.
  4. You may Submit only materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral, or proprietary rights. You promise and represent that any materials you Submit will be owned by you or in the public domain.
  5. The Site can only be used for non-commercial purposes. You cannot Submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Site for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
  6. You may not Submit any software or other material that contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Messages to distribute chain letters, mass mailings, “spam” or duplicative or unsolicited messages in violation of applicable laws, or to gather user names or e-mail addresses for the purpose of sending unsolicited e-mail or other communications to other users of the Site.
  7. By Submitting any Messages on or through the Site, you grant NPR a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, archive, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your Messages or any material posted by you in Messages in any and all media formats or channels, whether now known or hereafter devised. You acknowledge that the contents of Messages will not be subject to the privacy protections generally afforded your personally identifying information under our Privacy Policy.
  8. You may not interfere with or disrupt the integrity or performance of the Site or its related systems or networks, or use the Site in any way which degrades its reliability, speed or operation, or its underlying hardware or software. You may not attempt to gain unauthorized access to the Site or its related systems or networks.
  9. You are solely responsible for any content Submitted using your account. NPR does not and cannot review every Message posted by you or other persons and is not responsible for any materials Submitted by you or other persons on or through the Site. However, NPR has the right (but not the obligation) to review, screen, delete, edit and/or move any Message or material that it deems, in its sole discretion, to be in violation of these Terms of Use, or for any other reason, as determined in its sole discretion.
  10. NPR is not responsible or liable for any materials Submitted by you or a third party, including any materials, in Messages or otherwise on or through the Site. NPR cannot verify the accuracy of statements that users include in Messages, and does not guarantee that any material has been Submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms of Use.
  11. By using the Discussion Forums, you agree to abide by these rules, which NPR may update from time to time. You acknowledge that NPR has the right (but not the obligation) to review, screen, delete, edit or move Messages or other material that it deems, in its sole discretion, to be in violation of these Terms of Use, or for any other reason, as determined in its sole discretion. You further acknowledge that NPR has the right to limit or terminate your, or any other person’s, access to or registration in the Discussion Forums for any reason, as determined in its sole discretion, including violation of these Terms of Use.


Representations; Indemnity

You represent and warrant that (a) if you Submit any Messages or material you are at least 18 years old, (b) you have obtained all clearances, releases, licenses and rights to any materials you Submit on or through the Site that may be necessary for their use as contemplated by the Site and these Terms of Use, (c) there are no encumbrances or restrictions on the materials or their use as contemplated by the Site and these Terms of Use, (d) the materials, and their use by NPR, does not and will not defame any person or entity, or violate or infringe upon the copyright, patent, trademark, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms of Use, and (e) your use of the Site complies with these Terms of Use. You agree that you will indemnify and hold harmless NPR and its directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Site, (3) the materials you have Submitted through the Discussion Forums or the Site, or (4) NPR’s publication, distribution or use of such materials.

Disclaimer

NPR PROVIDES THE SITE ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NPR DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NPR DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, SERVICE, MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SITE OR THROUGH LINKS ON THE SITE. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
THE CONTENT OF THE SITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.

LIMITATION OF LIABILITY

IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS THIRD-PARTY PROGRAM PRODUCERS OR CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, (B) RELATING TO ANY CONTENT ON THE SITE, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED DOLLARS ($100).

Right to Change the Site and Restrict Use

NPR reserves the right to change, terminate or suspend the Site, any features of the Site, and content or materials contained in the Site, in any way, at any time and for any reason or no reason. NPR also has the right to delete any or all of your Messages and the right to require you to cease accessing any features, content or materials of or on the Site.

Copyright Agent

NPR respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to NPR’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):
  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright
  2. a description of the copyrighted work that you claim has been infringed
  3. a description of the material that you claim 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 sufficient to permit us to locate the material
  4. information so that we can contact you, such as address, telephone number and e-mail address
  5. a statement that you have 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
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed

NPR’s Copyright Agent can be reached as follows:

Michelle Shanahan
Copyright Agent
National Public Radio, Inc.
1111 North Capitol Street, NE
Washington, DC 20002
Phone: 202.513.2040
Fax: 202.513.3021
E-mail: ogcstaff@npr.org

International Users

The Site is controlled and operated within the United States. NPR makes no representation that content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

General

Except as provided in any additional terms and conditions posted or presented for your acceptance in certain areas of the Site, these Terms of Use, together with the Privacy Policy, represent the entire understanding of NPR and you regarding the use of the Site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Site. These Terms of Use shall be governed by and construed under District of Columbia law without regard to its choice of law rules and, where applicable, the laws of the United States. To the extent permitted by law, any disputes under these Terms of Use or relating to the Site shall be litigated in the local or federal courts located in the District of Columbia, and you hereby consent to personal jurisdiction and venue in the District of Columbia. A modification or waiver of a portion of these Terms of Use shall not constitute a modification or waiver of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms of Use will continue in full force and effect.


Questions

If you have any questions or comments about our Privacy Policy, please contact us via e-mail at NPRListens@npr.org, or by mail at:
NPR
NPRListens Audience Panel—6th Floor
1111 North Capitol Street, NE
Washington, DC 20002


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