The following Terms of Service cover KQED, KQEI, KTEH, and KQET, all services of Northern California
Public Broadcasting, Inc. (NCPB).
The following rules govern the use by you of the NCPB Website. The rules
set forth herein apply to all materials, online communications and other
information that is or becomes available on THE NCPB WEBSITE (collectively,
"Information"). BY SIGNING ON AND USING THE NCPB WEBSITE, YOU SPECIFICALLY
AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.
1.
Personal Uses Permitted.
In connection with the use of the NCPB Website, 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 the NCPB Website 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.
2.
User's Obligation to Abide By Applicable Law.
The NCPB Website is an online information exchange service for use by
NCPB 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.
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 NCPB may, in the course of their regular duties, have access
to communications for technical or operational purposes. NCPB 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
NCPB Website any software or other materials which contain a computer
virus, trojan horse, timebomb, worm or other rogue programming ("Rogue
Programming"). NCPB 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 NCPB Website 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
NCPB Website. NCPB has no obligation to, and does not in the normal course,
monitor or control any Information that is or becomes available on the
NCPB Website. NCPB reserves the right to review any Information that
is or becomes available on the NCPB Website. NCPB reserves the right
to refuse to post or to remove any Information that is, in NCPB's sole
discretion, unacceptable, undesirable or in violation of these rules.
However, NCPB has no obligation to exercise such reservation of rights
by NCPB.
6.
Disclaimer of Warranties.
THE NCPB WEBSITE IS 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. NCPB DOES NOT WARRANT THAT ANY INFORMATION
IS COMPLETE OR ACCURATE, THAT THE NCPB WEBSITE WILL BE UNINTERRUPTED
OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
7.
Limitation of Damages.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NCPB BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE NCPB WEBSITE, INCLUDING
WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE
NCPB WEBSITE, 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.
8.
Release and Indemnity.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST
NCPB AND/OR THE MEMBER STATIONS ARISING FROM OR IN CONNECTION WITH YOUR
USE OF THE NCPB WEBSITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD
HARMLESS, NCPB FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING
COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE
OF THE NCPB WEBSITE OR FAILURE TO ABIDE BY APPLICABLE LAW.
9.
Modifications.
These rules may be modified by NCPB from time to time and such modifications
will be binding on you when placed online.
10.
Privacy Policy.
Please also make sure to read NCPB's
online Privacy Policy to understand the additional terms and conditions
which apply to your use of our site.
NCPB Discussion and Comment Guidelines
NCPB encourages community dialogue and welcomes you to participate in
our blog comments and discussion boards. As directed by our public broadcast mission, NCPB
strives not only to broadcast top quality educational programs, but to
create opportunities to go beyond the broadcast for additional learning
and community development.
There are a few guidelines we enforce to ensure exchanges that are informative,
respectful of diverse viewpoints, and lawful. Contributions to the discussion
boards will be posted automatically. Blog comments are moderated and are
reviewed by a NCPB editor. NCPB may choose not to post or to remove
the comment if it does not meet our comment guidelines. NCPB does not assume any
liability for content posted by others. NCPB reserves the right to delete
any message under circumstances that, in NCPB's judgment, are inappropriate,
unlawful or otherwise detrimental to the community dialogue, such as the
following:
Personal attacks, hateful, racially or ethnically offensive or
derogatory content, and harassment or threats against other
participants of the discussion board, in the blog comments
area or featured speakers on the site will not be tolerated.
This includes libel or unsubstantiated accusations against another.
Foul, obscene or sexually explicit language, and other content that
a reasonable person would find objectionable will not be permitted.
The distribution of intellectual property not belonging to you is
not permitted. You must have the legal right to upload or download any
content you upload to or download from the discussion board and/or blog comments. By posting
material on the discussion board and/or blog comments you represent that you have the legal
right to reproduce, adapt, perform, display and distribute such content
to others. Much of the information available on the Internet is protected
by the copyright, trademark and other intellectual property rights of
others. Do not upload or download any information unless you are certain
that you have the legal right to do so.
No advertisement, solicitation or promotion will be allowed.
Illegal behavior of any kind will not be tolerated.
Please also note:
KQED provides these discussion boards and blog comments to facilitate the free exchange
of information. NCPB cannot assure the truthfulness, accuracy or reliability
of information posted on the discussion boards.
Private email or contact information should not be posted in discussion
boxes.
Duplicate postings or messages in the wrong discussion box or blog comments (i.e. mismatched
to the topic for that page) will be deleted or moved.
Any comments you wish to send directly to NCPB (without posting) can
be emailed directly to the department or program of your choice as
listed on our Contact Us page. If you
have reason to believe that any use of the discussion board is unlawful
or contrary to the guidelines set forth above, please notify us immediately
at bbs-sysop@kqed.org.
By posting messages on NCPB's discussion boards and/or blog comments, you expressly grant
NCPB and its affiliates the right to reproduce, adapt, perform, display,
and distribute any such message in any form worldwide, in perpetuity.
Credit will be given to you if you give your legal name, and indicate
that you are doing so.
By submitting content, including messages on NCPB's discussion boards, blog comments and pictures submitted for consideration for NCPB's Local Life gallery, you further agree to defend, indemnify and hold harmless NCPB, its affiliates, and its officers, employees and directors from and against all liabilities, claims and expenses arising from or relating to your posting of material on NCPB's discussion boards and/or blog comments (including any claim that NCPB's or its affiliate's use of such content infringes the copyright, trademark or other proprietary rights of any third party) or your use of material posted on NCPB's discussion boards and/or blog comments.
You may choose the name by which you will be identified on screen.
We discourage you from posting an email address as your name. We encourage
you to use your legal name (first and/or last). If you choose not to
use your own name, you may not use any name that intentionally impersonates
another or violates another's intellectual property rights. Any name
deemed offensive by NCPB will be deleted.
As the Internet and our discussion boards evolve, it may be necessary
to change these guidelines. NCPB reserves the right to changes these
guidelines at any time in its sole discretion. The current guidelines
will be available to you online.
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