Terms of Use

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NPR LABS TERMS OF USE

Updated February 2, 2011
See related:  NPR Labs Privacy Policy


Introduction; Consent to Terms

Welcome to the NPR Labs website, which is owned by National Public Radio, Inc. (“NPR”).  Please read these Terms of Use before using the NPR Labs website, currently at www.nprlabs.org, and any features or services of the NPR Labs website (collectively, the “Site”).  By using the Site, you agree to be bound by the Terms of Use and the NPR Labs Privacy Policy (the “Privacy Policy”).  If you do not agree to these Terms of Use and the Privacy Policy, please exit the Site and do not use the Site or any of its features or services. 

We reserve the right, in our discretion, to modify, add or delete portions of these terms at any time by posting an updated Terms of Use and/or an updated Privacy Policy.  Please check the Terms of Use and the Privacy Policy frequently for updates.  Any modifications, additions, or deletions to the Terms of Use or Privacy Policy shall be effective immediately upon posting.  Your continued use of the Site following the posting of an updated Terms of Use or Privacy Policy will mean that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing NPR’s other websites, applications and services, the web sites, applications and services of NPR’s member stations, and other web sites, applications and services that may link to or from the Site.


Copyrights

The contents of the Site are protected by U.S. and international copyright laws. The contents of the Site are owned by or licensed to NPR or the individuals or entities providing such content to NPR. 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 below.  All rights not expressly granted in these Terms of Use are reserved to NPR.

Excluding the software available on the Site, as described in further detail below (the “Software”), you may copy, download one copy on a single computer, and print a limited amount of content from the Site, 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, web sites, 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.  Notwithstanding anything in these Terms of Use, all copying, downloading and other use of the Software is subject to the terms of the Software License Agreement, as described below.

No quotes from any content on the Site may be used in any media without attribution to NPR.  Any other use of the content requires prior written permission from NPR. For permission requests, visit NPR’s permissions page.


Trademarks

National Public Radio®, NPR®, and other NPR logos and program names are service marks of National Public Radio, Inc.  All rights are reserved to NPR. You may not use any NPR-provided service marks, logos or graphics without NPR's prior written consent, except that you agree not to remove any services marks, logos, graphics, product identification, copyright notices, or other notices or proprietary restrictions included in, or required to be used in connection with, the Software and its documentation.  



Software

NPR makes available certain software on the Site for download (the “Software”).  All use of the Software is subject to the Software License Agreement .  To download any Software, you must agree to the Software License Agreement, which states the terms by which you are permitted to download and use the Software.  To be eligible to download and/or use the Software, you must be (a) an NPR Member Station, (b) a station eligible, as determined by the Corporation for Public Broadcasting (“CPB”) to receive funding from CPB (“CPB-Qualified Station”), and/or (c) a station eligible, as determined by CPB, to enter into CPB’s Preferred iBiquity Agreement (“CPB License-Eligible Station”).


Accounts; Passwords

To download Software from the Site and/or participate in certain other Site activities, you must establish an account and obtain a user ID and password.  Accounts will be issued only to representatives of (a) NPR Member Stations, (b) CPB-Qualified Stations, and/or (c) CPB License-Eligible Stations.  You are solely responsible for all activities that occur using your account and/or password.  You must maintain the confidentiality of and must not disclose your account information and/or password, and you agree to immediately notify NPR of any unauthorized use of your account and/or password.  If you breach this User Agreement and/or the Software License Agreement, or if you are no longer eligible to download or use the Software, NPR reserves the right to suspend or terminate your account immediately, with or without notice.  On termination, you shall immediately cease using, and shall return or destroy, your account information, including user ID and password, and all copies of the Software.


Framing

NPR does not allow framing of the Site.



Links to the Site

NPR encourages and permits links to content on the Site. However, NPR is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, the linking should not (a) suggest that NPR promotes or endorses any third party's causes, ideas, web sites, products or services, or (b) use NPR content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.
Notwithstanding the foregoing, you may not link to Software available on the Site or to any other areas of the Site that can be accessed only with an account and password.


Links to Third Party Sites and Services

The Site contains links to websites, applications and services maintained by third parties, over which NPR has no control.  NPR does not endorse the content, operators, products or services of such sites, 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 sites.  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 sites.


Disclaimer

THE SITE AND ANY CONTENT, INFORMATION, MATERIALS, SOFTWARE, FEATURES, SERVICES OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE ARE AVAILABLE ON AN "AS IS" AND "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 UNINTERRUPTED OR ERROR-FREE, NOR DOES NPR MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SOFTWARE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, SOFTWARE, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SITE OR THROUGH LINKS ON THE SITE. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.  CONTENT ON THE SITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND.


Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR MEMBERS BE LIABLE (A) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, (B) RELATING TO ANY CONTENT, SOFTWARE, PRODUCTS OR SERVICES AVAILABLE OR SOLD ON OR THROUGH 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.


Right to Change the Site

NPR reserves the right to change, terminate or suspend the Site, any features of the Site, and any content or materials contained on the Site (including any Software available on the Site), in any way, at any time and for any reason or no reason.   


Digital Millenium Copyright Act (DMCA) Notices; 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 by any content or material on the Site, please provide the following information in writing to NPR's Copyright Agent (see 17 U.S.C. Section 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.

If you believe that any content or materials you posted, uploaded or submitted to the Site, that was subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to NPR's Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

  1. your physical or electronic signature.
  2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

NPR's Copyright Agent can be reached as follows:


Michelle Shanahan
Copyright Agent
National Public Radio
635 Massachusetts Avenue, NW
Washington, DC 20001
Phone: (202) 513-2040
Fax: (202) 513-3021
Email: ogcstaff@npr.org



Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the Site, please contact NPR Labs by e-mail at nprlabs@npr.org or by phone at 202.513.2577.


Online Purchases

In the event a product or service available on or through the Site is listed at an incorrect price or with incorrect information, NPR will have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price.  The receipt of an electronic or other form of order confirmation does not signify NPR’s acceptance of your order, nor does it constitute confirmation of NPR’s offer to sell.  NPR reserves the right at any time after receipt of an order to accept or decline an order for any reason.  NPR may charge and withhold the applicable sales tax for orders.  Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you. 


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.


Miscellaneous

These Terms of Use, together with the Privacy Policy and Software License Agreement, represent the entire understanding of the parties 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 permissible by law, any disputes under Terms of Use or relating to the Site shall be litigated in the local or Federal courts located, 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 these 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 the Terms of Use will continue in full force and effect.


Questions

If you have any questions about the Site or this User Agreement, please contact NPR Labs by e-mail at nprlabs@npr.org or by phone at 202.513.2577.





NPR Labs
635 Massachusetts Ave. NW
Washington DC 20001
USA