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ideastream.org Terms of Use

Welcome to our website. ideastream® (hereinafter referred to as “ideastream,” or “We") maintains this website as a service to our customers. By using this website, you are agreeing that you have read and understood the Terms of Use and agree to comply with and be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this website, to the use of the Internet, and to the activities involved in using this website. Please review the following terms carefully.

Compliance with Law
This website is owned by ideastream. Visitors who choose to visit this website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules and regulations, federal, state, local or foreign, applicable to the use of this website and information, content, material and services contained herein.

Venue and Jurisdiction
Claims relating to this website, to the use of this website, and to the information, content, material and services available through this website are governed by the laws of the United States and the State of Ohio as applicable. You hereby unconditionally, voluntarily and irrevocably consent to submit to the exclusive jurisdiction of the United States District Courts in Ohio and the Courts of the State of Ohio in any claim or dispute concerning, relating to, or arising from this website and any information received through this website. You agree not to plead forum nun conveniens in any such action and you consent to service of process.

Visitor On-line Conduct
You agree to use this website only for lawful purposes.

You agree to use this website only for its intended purposes.

ideastream reserves the right to prohibit any conduct involving this website that it deems to be inappropriate.

You agree not to disrupt this website.

You agree not to interfere with or compromise the security of this website, or any computer, server, account, network, data, software and/or hardware associated with this website.

You agree not to disrupt or interfere with any other visitor’s use of this website.

You agree not to attempt to obtain access to any portion of this website, any computer, server, account, network, software and/or hardware associated with the website, from which you are restricted.

You agree that you are solely responsible for any actions you undertake while visiting this website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this website and the Internet, including United States copyright and export regulations.

You warrant that all information that you provide to gain access to the services provided by this website is accurate and truthful.

Copyright, Trademark and Intellectual Property
All information, content and material ("Content") comprising or made available by ideastream through this website (including, without limitation, any computer source or object code comprising this website) is owned by or licensed to ideastream. ideastream and its licensors retain all rights in this Content.

All Content, including, but not limited to, the website design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by ideastream and its licensors. The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, sold or otherwise transferred, conveyed or used in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner.

ideastream grants you permission to display, copy, distribute, print and/or download the Content on this website for your personal, non-commercial use only. Except as expressly authorized by the Company, if you display, copy, distribute, print and/or download the Content on this website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content.

The permission granted herein terminates automatically if you breach these Terms of Use. Upon termination of the permission, you must immediately and permanently delete and destroy any Content you displayed, copied, distributed, printed and/or downloaded.

ideastream and http://www.ideastream.org are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of ideastream and may not be used, copied or imitated without the prior written consent of ideastream.

ideastream intellectual property may not be used in connection with any service or information that is not ideastream’s. ideastream’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages ideastream. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.

The compilation of the Content on this website is the exclusive property of ideastream and is protected by U.S. and International copyright law.

You may not mirror any Content contained in this website or any other website or server.

Associated Press Copyright Statement
The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing this Web site or digital service, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time.

User Materials
Through the comments portion of the Service, through the Contact Us page, and through other features of the ideastream Web Sites, users may post, upload, transmit and/or otherwise submit ("Submit") comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the ideastream Web Sites ("User Materials"). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by ideastream staff and on the Internet by the general public. You acknowledge that the ideastream Web Sites, the ideastream Community, and other features of the ideastream Web Sites, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the ideastream Web Sites. However, by submitting User Materials on or through the ideastream Web Sites, you hereby grant ideastream, other Content Providers, and their respective licensees a non-exclusive, perpetual, royalty-free, universe-wide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the ideastream Web Sites, third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant ideastream, its member stations, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the ideastream Web Sites and other Content Providers Web Sites, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the ideastream Web Sites and other Content Providers Web Sites to use your User Materials pursuant to these Terms of Use and the terms of use of member station web sites, and as permitted by the functionality of the ideastream Web Sites (such as through widgets and API Content distribution).

For any User Materials you Submit on or through the ideastream Web Sites, you agree to abide by the Rules of Use for the Service set forth below, the Social Networking Discussion Rules (for User Materials Submitted through the ideastream Community or in response to an ideastream Blog), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Rules for Use of the Service
By using the Service, including by registering for the Service, participating in the ideastream Community, Submitting User Materials through the ideastream Community, the Contact Us page or other means, using Content Feeds, API Content, or Podcasts, or by using any other features of the ideastream Web Sites, you agree to the following rules:

1. You must be at least eighteen (18) years of age to register for or participate in the ideastream Community or other social networking features of the ideastream Web Sites; submit any User Materials or personally-identifying information on or through the ideastream Web Sites; and participating in any online contests. If you are between the ages of 13 and 18, you may browse the ideastream Web Sites or register for email newsletters or other features of the Service (excluding the ideastream Community) with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, 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 the age of 13, we will remove that information from our database as soon as possible.

2. You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.

4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize ideastream and users of the ideastream Web Sites (to the extent permitted by these Terms of Use) to use and distribute any User Materials.

5. The Service can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the ideastream Web Sites or other Content Provider Web Sites for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

6. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Service to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather user names and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Service.

7. You may not interfere with or disrupt the integrity or performance of the ideastream Web Sites or other Content Provider Web Sites, or any portion or contents thereof, or use these Web Sites in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to these Web Sites or related systems or networks.

8. By submitting any User Materials on or through the Service, you hereby grant ideastream and other Content Providers, their licensees, and users of these Web Sites (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the “User Materials” section.

9. You are solely responsible for any User Materials submitted using your account. ideastream does not and cannot review all User materials submitted by you or others and is not responsible for any User materials submitted by you or others on or through the Service. However, ideastream has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the ideastream Community), or these Terms of Use, or for any other reason, as determined in ideastream’s sole discretion.

10. ideastream is not responsible or liable for any User Materials submitted by you or a third party, including any User Materials, on or through the Service. ideastream cannot verify the accuracy of statements that users make or place on or through the Service, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the ideastream Community), or these Terms of Use.

11. By using the ideastream Service, you agree to abide by these rules. You acknowledge that ideastream has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the ideastream Community), or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that ideastream has the right to limit or terminate your, or any other person’s, access to or registration in the Service for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.

12. You agree to comply with the Social Networking Discussion Rules, as they may be updated from time to time by ideastream.

Representations; Indemnity
You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the Service, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Service that may be necessary for their use as contemplated by the ideastream Web Sites and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the ideastream Web Sites and these Terms of Use, (d) the User Materials, and their use by ideastream and users of the ideastream Web Sites (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the ideastream Community), or these Terms of Use, and (e) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless ideastream and Content Providers to this Service and their respective directors, officers, employees, members, 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 User Materials you have Submitted on or through the Service, or (4) ideastream’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by ideastream users.

Digital Millennium Copyright Act, Transmission of Third Party Content
You may not copy, print, download, upload, post or otherwise distribute on this website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such copying, printing, downloading, uploading, posting or distribution on the web.

Anything for which permission has been granted to copy, print, download, upload, post or otherwise distribute must contain the notice “Copyright ideastream, used by express permission.”

The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.

ideastream, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

ideastream, pursuant to the Digital Millennium Copyright Act, designates Kathryn P. Jensen, Chief Operating Officer, WVIZ/PBS & 90.3 WCPN ideastream, to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on ideastream’s website in a way that constitutes infringement, you may notify ideastream by providing Kathryn P. Jensen the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on ideastream’s website where the material that you claim is infringing is located;
4. Your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Kathryn P. Jensen can be reached via e-mail at , through our online e-mail form at /ideastream/feedback/, or by regular mail:

Kathryn P. Jensen
Chief Operating Officer
WVIZ/PBS and 90.3 WCPN ideastream®
Idea Center®
1375 Euclid Avenue
Cleveland, Ohio 44115-1835

You are prohibited from copying, downloading, uploading, posting or otherwise distributing on this website any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for ideastream, its affiliates, employees, agents or any such similarly situated persons or entities.

Ownership of Third Party Content
ideastream may display Content supplied by visitors and other third parties on its website. ideastream contains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

IDEASTREAM, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES. WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

We shall not, under any circumstances, be liable for any loss, damage or harm caused by your or anyone else’s reliance on Content available on this website that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Content available on this website.

Editing, Deleting and Modification
We reserve the right in our sole discretion to change, suspend or discontinue any feature, aspect, product or service available through this website at any time. ideastream may alter the availability of any feature of this website or service related to any feature of this website at any time. ideastream may add, remove or modify any content of this website, including that of third parties, at any time.

Indemnification
You agree to indemnify, defend and hold ideastream and its partners, attorneys, staff and affiliates (collectively, “Affiliated Parties") harmless from any damages, liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms of Use as a result of your providing inaccurate or untruthful information to gain access to the services provided through this website.

Nontransferable
Your right to use the website is not transferable. Any password or right given to you to obtain information or documents is not transferable.

Disclaimer
THIS WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE.” IDEASTREAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT INFORMATION AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.

YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS WEBSITE AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

IDEASTREAM DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OR MERCHANTABILITY.

Limitation of Liability
IDEASTREAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE.

NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, RESULTING FROM ACTS INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, 90.3 WCPN IDEASTREAM’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF IDEASTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.

IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, IDEASTREAM’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

Use of Information
We reserve the right, and you grant authorization, to the use and assign all of your personal information provided by you in the manner consistent with our Privacy Policy. To know what privacy measures ideastream has taken and what information we retain from your visit to ideastream’s website, please read our website Privacy Policy, which is incorporated herein by reference.

Change of Terms
By using this website, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. If you do not agree to these Terms of Use, DO NOT use our website.

Links to Other Websites
The website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by ideastream. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party sites, you do so at your own risk.

Hold Harmless
You agree to indemnify, defend and hold ideastream harmless for any damages, losses, costs, or expenses that ideastream may incur as a result of your use of this website or your use of the Content, information and/or services available through this website.

Severability
If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.

Survivability
All representations and warranties made by ideastream shall survive termination of these Terms of Use.

Headings of the Terms of Use
The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.

Integration Clause
These Terms of Use constitute the entire and only agreement between you and ideastream and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the Content, products or services provided by or through the website, and the subject matter hereof.

No Waiver
ideastream’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Acceptance
I understand that by using ideastream’s website, I am subject to the terms and conditions set forth herein. Notwithstanding the foregoing, I accept and agree to be bound by all such terms and conditions.

Date of last update: March 29, 2006