WNYC.org Terms of Use

Updated March 7, 2005

Introduction; Consent to Terms
Please read these Terms of Use before using WNYC.org, OnTheMedia.org, NextBigThing.org or Studio360.org, any features of these sites, including, but not limited to WNYC RSS feeds and Discussion Boards (collectively, the "WNYC Web sites" or the "Service"). By using the Service, you agree to be bound by these terms of use. If you do not agree to these terms of use, please exit the Service. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated terms of use on the WNYC Web sites. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Service following the posting of updated terms of use will mean that you agree to those changes.

Copyrights
The contents of WNYC Web sites are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on the WNYC Web sites without the prior written consent of WNYC, except as provided below. You may copy and print a limited amount of content for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. Any other use of WNYC content requires prior written permission from WNYC. For permission requests, contact WNYC Listener Services: listenerservices@wnyc.org.

Trademarks
WNYC, New York Public Radio, On The Media, Radio Lab, The No Show, New Sounds, Soundcheck, Radio Rookies and Spinning on Air are service marks of WNYC Radio, Inc. All rights reserved. You may not use any WNYC service marks, logos or graphics without WNYC's prior written consent, except that you may use the WNYC-provided logo contained in a WNYC RSS feed in connection with the personal, noncommercial use of WNYC's RSS feeds, subject to the requirements set forth below in WNYC's RSS Feed policy.

National Public Radio®, NPR® and NPR program names are service marks of National Public Radio, Inc.

Studio360 is a service mark of Public Radio International.

Framing
WNYC does not allow framing of its Web sites.

Links to WNYC Web Sites
WNYC encourages and permits links to content on WNYC Web sites. However, WNYC is an organization committed to the highest journalistic ethics and programming standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that WNYC promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use WNYC content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third Party Sites
WNYC often provides links to Internet sites maintained by third parties, over which WNYC has no control. WNYC does not endorse the content, operators, products or services of such sites, and WNYC is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. WNYC 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.

RSS Feeds
WNYC's RSS feeds, consist of a selection of headlines, news article and program summaries and links to WNYC web sites, which can be delivered to your desktop using a technology called XML (extensible Markup Language) (individually, an "RSS Feed" and collectively, the "RSS Feeds"). The RSS Feeds are protected by U.S. and international copyright laws. All rights in and to the RSS feeds are reserved to WNYC. WNYC RSS feeds are available for personal, noncommercial use only. You may display, excerpt from, and link to the RSS Feeds on your personal web site, weblog, or similar application for personal, noncommercial purposes, provided that (a) the links redirect the user to the WNYC Web sites when the user clicks on them, (b) the use or display does not suggest that WNYC promotes or endorses any third party causes, ideas, Web sites, products or services, (c) the fundamental meaning of the content contained in the RSS Feeds, including the headlines and summaries, is not changed or distorted, and (d) you do not modify the news stories or other content that are linked to by the RSS Feeds. If you display an entire RSS Feed Content on your personal web site, weblog or similar application, (a) you may not redistribute the RSS Feed, and (b) you must provide attribution to WNYC adjacent to the RSS Feed Content.

Other use of WNYC's RSS Feeds requires the prior written permission of WNYC. For permission requests, please contact WNYC Listener Services: listenerservices@wnyc.org. For use of the news stories or other content that are linked to by the RSS Feeds, please see the Copyright section of these Terms of Use. WNYC reserves the right to discontinue providing RSS Feeds and to require that you cease accessing or using the RSS Feeds, any content contained in the RSS Feeds, and/or WNYC logo at any time for any reason.

WNYC Web sites also may contain RSS feeds from content providers including, but not limited to NPR, BBC and the Associated Press. The content contained in these feeds is provided for WNYC Web site visitors for their personal, non-commercial use and may not be copied or redistributed without the express permission of those providers.

Use of the Service
If you use the Service, including by participation in the WNYC Discussion Boards or by submission of essays, e-mails or other information via WNYC.org, you must follow a few simple rules:

1. You may not post, upload or transmit any messages or materials anonymously or under a false name or a false email address.
2. While we do not seek to limit expression of ideas, obscene, racist, belligerent or sexually explicit language will not be tolerated on WNYC Discussion Boards. WNYC may delete any post that we deem to contain foul language or to be otherwise inappropriate without warning. In the case of repeated offenses, WNYC retains the right to terminate your posting privileges.
3. We do not tolerate communications that may be unlawful or harmful to other WNYC users. We do not tolerate Discussion Board posts that aim to insult anyone or are hateful, harassing or abusive.
4. You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. This includes newspaper or magazine articles, song lyrics, and graphics. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded, included or transmitted materials will be owned by you or in the public domain.
5. If we determine that removal of a Discussion Board post or other content is necessary, we will make every effort to do so within a reasonable time frame. However, making deletions or other corrections is a manual process and may not happen immediately.
6. The Service can only be used for non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.
7. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the Service to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to other users of the Service.
8. By posting, uploading or transmitting any material on or through the Service, you hereby grant WNYC a non-exclusive, perpetual, royalty-free, worldwide license to use that material in all media, whether or not now known.
9. WNYC is not responsible or liable for any materials posted on the WNYC Discussion Boards or posted, uploaded or transmitted on or through the Service. WNYC cannot verify the accuracy of statements that users place on the WNYC Discussion Boards or on or through the Service, and does not guarantee that any material has been posted, uploaded or transmitted with the permission of the copyright or proprietary owner or is otherwise in compliance with the Rules of the WNYC Discussion Boards or these Terms of Use.
10. By using the Service, you agree to abide by these rules. You acknowledge that WNYC has the right to delete, edit or move material that it deems, in its sole discretion, to be in violation of the Rules of the WNYC Discussion Boards or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that WNYC has the right to limit or terminate access to the WNYC Discussion Boards for any reason, including violation of the Rules of the WNYC Discussion Boards or Chat Forums or these Terms of Use.

Representations; Indemnity
You represent and warrant that (a) any material you post, upload or transmit on the WNYC Discussion Boards or on or through the Service does not and will not violate any Rules of the WNYC Discussion Boards or these Terms of Use, and (b) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless WNYC 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 Service, (3) the materials you have posted, uploaded or transmitted in the WNYC Discussions or Chat Forums or on or through the Service, or (4) WNYC's publication, distribution or use of such materials.

Disclaimer
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE 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. WNYC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES WNYC MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. LIMITATION OF LIABILITY IN NO EVENT WILL WNYC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL WNYC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Copyright Agent
WNYC 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 WNYC's Copyright Agent:

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.
   

WNYC's Copyright Agent can be reached as follows:
General Counsel
WNYC Radio
One Centre Street
New York, NY 10007

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

Miscellaneous
These terms of use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the WNYC Web Sites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These terms of use shall be governed by and construed under New York State 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 these terms of use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of New York. 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 the terms of use will continue in full force and effect.

Questions
If you have any questions about the terms of use, please contact:
WNYC Listener Services
One Centre Street - 24 floor
New York , NY 10007
212-669-3333,
email: listenerservices@wnyc.org