Terms of Use

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Updated June 30, 2015

See related: NPRDS Privacy Policy

Introduction; Consent to Terms

Please read these Terms of Use before using NPRDS.org, the website of NPR Distribution Services (“NPRDS”), any other NPRDS sites, applications, platforms or services, or any features of these sites, applications, platforms or services (collectively the “NPRDS Services”).  National Public Radio, Inc. (“NPR”) is making the NPRDS Services available to you under these Terms of Use.  By using the NPRDS Services, you agree to be bound by these Terms of Use and the NPRDS Privacy Policy.  If you do not agree to these Terms of Use and the NPRDS Privacy Policy, please exit the NPRDS Services and do not use the NPRDS Services or any of their features.  We reserve the right, at our discretion, to modify, add or delete portions of these Terms of Use or the NPRDS Privacy Policy at any time by posting updated Terms of Use or an updated NPRDS Privacy Policy on the NPRDS Services.  Please check these Terms of Use and the NPRDS Privacy Policy frequently for updates.  Any modifications, additions or deletions to these Terms of Use or the NPRDS Privacy Policy shall be effective immediately upon posting.  Your continued use of the NPRDS Services following the posting of updated Terms of Use or an updated NPRDS Privacy Policy means that you agree to those changes.

Additional terms and conditions may apply to your use of particular areas of the NPRDS Services, if any, restricted by a password.  We will post any additional terms and conditions on the NPRDS Services or present them to you for acceptance when you first register for or log in to those areas.  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.

Please note that these Terms of Use and the NPRDS Privacy Policy are separate and distinct from the terms of use and privacy policies governing the sites, applications, platforms and services of NPR and other sites, applications, platforms and services that may link to or from the NPRDS Services.

Copyrights

The contents of the NPRDS Services 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 NPRDS Services without the prior written consent of NPR, except as provided in these Terms of Use.

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 (i) you include without modification all copyright and other proprietary notices contained in the content, (ii) you do not modify the content, (iii) you do not use the content in a manner that suggests NPR promotes or endorses your, or any third party’s, causes, ideas, products, sites, applications, platforms or services, and (iv) you do not use the content in any way that is unlawful or harmful to any other person or entity.

Trademarks

NPR Distribution Services®, National Public Radio®, and NPR® are trademarks or service marks (“marks”) of National Public Radio, Inc.  All rights in these marks are reserved by NPR.  You may not use any NPR-provided marks, or other logos, or graphics, without NPR’s prior written consent.

User Materials

Users of the NPRDS Services may post, upload, transmit and otherwise submit (“Submit”) comments, messages, recommendations, and other content and materials (“User Materials)” on or through the NPRDS Services.  You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties and the Internet, and may be viewed by NPR staff and on the unrestricted areas of the NPRDS Services by the general public.

For any User Materials you Submit on or through the NPRDS Services, you agree to abide by the “Rules for Using the NPRDS Services” set forth below and these Terms of Use.  You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Framing

NPR does not allow framing of any of the NPRDS Services.

Links to the NPRDS Services

NPR permits links to nonrestricted areas of the NPRDS Services.  You may not, however, link to restricted areas of the NPRDS Services (non-public areas accessible only to registered users), and any linking should not suggest that NPR promotes or endorses your, or any third party’s, causes, ideas, sites, products, applications, platforms or services, or use NPR or NPRDS content for inappropriate commercial purposes or in any way that is unlawful or harmful to any person or entity.  We reserve the right to withdraw permission for any link.

Links to Third-Party Services

The NPRDS Services may contain links to sites, applications, platforms and services maintained by third parties over which NPR has no control.  NPR does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and NPR is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services.  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, applications, platforms and services.

Passwords

To participate in certain NPRDS Services activities, 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.

Rules for Using the NPRDS

By using the NPRDS Services, including by registering for the NPRDS Services, participating in any messaging system, Submitting User Materials or by using any other features of the NPRDS Services, you agree to the following rules:

  1. You must be at least 18 years of age to Submit any User Materials or personally-identifying information on or through the NPRDS Services.  If you are between the ages of 13 and 18, you may browse the NPRDS Services or register for email newsletters or other features of the NPRDS Services with the consent of your parent or guardian, so long as you do not submit any User Materials.  If you are under 13 years old, please do not send any information about yourself, including your name, address or email address.  If we discover that we have collected any personally-identifying information from a child under 13, we will remove that information from our database as soon as possible.
     
  2. You may not Submit any User Materials under a false name or a false email address.  You may not impersonate another user or provide any false information about yourself.
     
  3. The NPRDS Services can only be used for personal, non-commercial purposes.  You may not Submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting.  You may not use the NPRDS Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
     
  4. You may not Submit any software or other material which contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of NPR, NPR member stations, other Content Providers or users of the NPRDS Services.  You may not use the NPRDS Services to distribute chain letters, mass mailings, “spam” or duplicative or unsolicited messages in violation of applicable laws, or to gather user names or email addresses for the purpose of sending unsolicited email or other communications to other users of the NPRDS Services.
     
  5. You may not interfere with or disrupt the integrity or performance of the NPRDS Services, any portion or contents thereof, or related systems or networks, or use the NPRDS Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software.  In addition you may not attempt to gain unauthorized access to the NPRDS Services or its related systems or networks.
     
  6. You acknowledge that NPR has the right to limit or terminate your, or any other person’s access to or registration on the NPRDS Services for any reason, in its sole discretion, including violation of these Terms of Use.

Representations; Indemnity

You represent and warrant that if you Submit any User Material you are at least 18 years old and your use of the NPRDS Services complies with these Terms of Use.  You agree that you will indemnify and hold harmless NPR, its member stations, and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (i) your breach of any of the above representations and warranties, (ii) your use of the NPRDS Services, (iii) the User Materials you have Submitted on or through the NPRDS Services, or (iv) NPR’s publication, distribution or use of such User Materials.

Disclaimer

THE NPRDS SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE NPRDS SERVICES 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 NPRDS 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 NPRDS SERVICES OR ENDORSE, RECOMMEND OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE NPRDS SERVICES OR THROUGH LINKS ON THE NPRDS SERVICES.  USE OF THE NPRDS SERVICES IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBER STATIONS BE LIABLE (I) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE NPRDS SERVICES OR (II) RELATING TO ANY PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE NPRDS SERVICES.  IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBER STATIONS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change the NPRDS Services

NPR reserves the right to change, terminate or suspend the NPRDS Services, any features of the NPRDS Services, and any materials contained on the NPRDS Services, in any way, at any time and for any reason or no reason.  NPR also has the right to require you to cease accessing any features or materials of the NPRDS Services.

International Users

The NPRDS Services is controlled and operated within the United States.  NPR makes no representation that materials or products available on or through the NPRDS Services are appropriate or available for use outside of the United States.  If you access to the NPRDS Services 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 NPRDS Services, or as provided in any agreement entered into by and between you and NPR relating to products and services provided by NPR Distribution Services, these Terms of Use, together with the NPRDS Privacy Policy, represent the entire understanding of NPR and you regarding the use of the NPRDS Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the NPRDS Services.  These Terms of Use are separate and distinct from the terms of use governing the sites, applications, platforms and services of NPR’s member stations, and the sites, applications, platforms and services that may link to or from the NPRDS Services.  These Terms of Use are 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 NPRDS Services 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 part of these Terms of Use shall not constitute a waiver or modification 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 these Terms of Use, please contact us.