The following rules govern the use by you of the WQPT websites, including but not limited to wqpt.org, buzz.wqpt.org, pressroom.wqpt.org, video.WQPT.org, and creative.wqpt.org. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on the WQPT websites (collectively, "Information"). BY SIGNING ON AND USING THE WQPT WEBSITES YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO. 1. Personal Uses Permitted. The WQPT websites are provided as online information exchange services for use by WQPT and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations. 2. User's Obligation to Abide By Applicable Law. In connection with the use of WQPT websites, 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 copyright or trademark infringement ("Applicable Law"). The Information available on WQPT websites may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("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. 3. Disclosure of Online Communications. You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of WQPT may, in the course of their regular duties, have access to communications for technical or operational purposes. WQPT may also disclose any communications to the extent permitted or required by law. 4. Prohibition Against Rogue Programming. You shall not post, transmit or make available in any way through the WQPT websites any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). WQPT has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on the WQPT websites is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. 5. Content of Information. You are responsible for the content of any Information you put on the WQPT websites. The Information posted to the WQPT websites does not necessarily reflect the views of WQPT and in no event shall WQPT assume or have any responsibility or liability for any information posted to the WQPT websites or for any claims, damages or losses resulting from the use and/or appearance of such information on the WQPT websites. WQPT has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on the WQPT websites. WQPT reserves the right to review any Information that is or becomes available on the WQPT websites. WQPT reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in WQPT's sole discretion, unacceptable, undesirable or in violation of these rules. WQPT has no obligation to exercise such reservation of rights by WQPT; however, WQPT has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the WQPT websites or network who are repeat infringers. WQPT may terminate access for content providers or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions. By submitting information to WQPT, you grant WQPT a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now know or hereinafter devised and represent that you have all necessary rights in such posting. While WQPT strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of the pbs.org or non-pbs.org content to which we link. 6. Podcasts. The MP3 audio files and XML files that together comprise a WQPT and/or PBS-hosted podcast (herein referred to as the "podcast") are protected by U.S. and international copyright laws. All rights to podcast(s) originating from the producer, including the content and technology included therein, are reserved to the producer. WQPT and/or PBS-hosted podcast(s) are available for personal, noncommercial use only. You may link to WQPT and/or PBS podcast(s) from your personal website 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 PBS.org; (c) the use or display does not suggest that WQPT or PBS, 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 and WQPT and/or PBS where applicable. For permission requests, please email WQPT@WQPT.org or www@pbs.org. Producers, PBS and WQPT reserve 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, PBS and/or WQPT 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, PBS, WQPT nor any local PBS station be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, 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). 7. External Links. WQPT provides links to other websites for informational purposes only, and in some instances for the convenience of our users. WQPT is not responsible for the content in other sites, and links from the WQPT website to other sites are not intended, nor do they imply endorsement of them by WQPT. WQPT encourages users to carefully select the websites that you (and your family) use. 8. Disclaimer of Warranties. THE WQPT WEBSITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WQPT NOR PBS WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE WQPT WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING. 9. Limitation of Damages. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WQPT, WQPT REPRESENTATIVES AND/OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE WQPT WEBSITES INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE WQPT WEBSITES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. 10. Release and Indemnity. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST WQPT ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WQPT WEBSITES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, WQPT, WESTERN ILLINOIS UNIVERSITY AND PBS, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WQPT WEBSITES OR FAILURE TO ABIDE BY APPLICABLE LAW. 11. Ecommerce Modifications and Technical Errors. WQPT RESERVES THE RIGHT TO ALTER THE CONTENT OF THE WQPT ONLINE STORE (ECOMMERCE) AT ANY TIME. WQPT IS NOT RESPONSIBLE FOR ANY ELECTRONIC ERRORS OR OMMISSIONS WHILE TRANSMITTING INFORMATION TO OUR SERVER(S) AND ANY OTHER TECHNICAL ERRORS FAILING TO ACCEPT AND/OR PROCESS YOUR DONATION, PURCHASE REQUEST OR OTHER PURCHASE REQUEST. WQPT MAKES ALL REASONABLE EFFORTS TO VERIFY INFORMATION AND RESOLVE QUESTIONS THAT MAY ARISE WHILE PROCESSING YOUR CONTRIBUTION, DONATION OR ORDER. 12. Electronic Communications with WQPT. WQPT IS NOT RESPONSIBLE FOR ANY ISSUES OR FAILURE OF TRANSMISSION OF E-MAIL CORRESPONDANCE TO OUR SERVERS FROM ANY COMPUTER. FURTHERMORE, YOU HEREBY AGREE, RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST WQPT ARISING FROM ELECTRONIC COMMUNICATIONS (E-MAIL AND OTHER METHODS) BETWEEN YOU AND WQPT. 13. Modifications. These rules and terms may be modified by WQPT from time to time and such modifications will be binding on you when placed online. rev. 4/2011 |
