KERA Terms of Use

Introduction/Consent to Terms

The following rules govern your use of KERA digital properties (including, but not limited to, KERA.org) and any features of these sites, including, but not limited to, apps, content feeds, podcasts, streams, and social networking features (collectively, the “KERA websites and apps” or the “Service”). By using the Service, you specifically agree to abide by these Terms of Use and the KERA Privacy Policy. KERA reserves the right to modify, add or delete portions of these Terms at any time by posting updated Terms of Use and/or an updated Privacy Policy. Any such modifications, additions or deletions will be effective immediately upon posting, and your continued use of the Service will mean that you agree to those changes.

Copyrights

The contents of KERA websites and apps are protected by U.S. and international copyright law. The contents of KERA websites and apps, including podcasts, streams, content feeds, and other features, are owned by or licensed to KERA. In the case of User Materials, as defined below, the contents are licensed to KERA by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on KERA websites and apps without the prior written consent of KERA, except as elsewhere provided herein. All rights not expressly granted in these Terms of Use are reserved to KERA. 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 (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 KERA promotes or endorses your, or any third parties, causes, ideas, websites, 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. In addition, you may use widgets and tools on KERA websites and apps that allow selected User Materials to appear on your personal, noncommercial website, blog or other application, subject to the conditions herein.

No quotes from any material on KERA websites and apps may be used in any media without attribution to KERA.

You may use the content feeds, podcasts, streams and other features of KERA websites and apps only as expressly permitted in the relevant paragraphs below in these Terms of Use.

Any other use of KERA content requires prior written permission from KERA. For permission requests, please contact KERA Audience and Member Services via email at our Contact Page or by phone at 214-740-9272 or metro 972-263-3151, ext. 272, or by mail: KERA Audience and Member Services, 3000 Harry Hines Boulevard, Dallas, TX, 75201.

Trademarks

KERA, KERA.org, KERA program names, logos, and other Content Provider names and logos, are service marks of KERA, Inc., or the producers of the programs or content. All rights are reserved by the respective owners. You may not use any KERA-provided service marks, logos or graphics, without KERA’s prior written consent, except that you have the right, and obligation, to use any KERA or other Content Provider’s service mark or logo included in, or required to be used in connection with Content Feeds, KERA’s Media Player, or other functionalities of KERA websites and apps, subject to the requirements set forth in these Terms of Use for the use of the Content Feeds or other functionalities of KERA websites and apps.

User Materials

Through certain features of KERA websites and apps, 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 KERA websites and apps (“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 KERA staff and on the internet by the general public. You acknowledge that KERA websites and apps and their features 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 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 KERA websites and apps.

By submitting User Materials on or through KERA websites and apps, you hereby grant to KERA and other Content Providers and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, 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 created, including but not limited to, KERA websites and apps, third party licensee websites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant to KERA and its 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 KERA websites and apps and other content provider websites, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through KERA websites and apps and other Content Provider websites and to use your User Materials pursuant to these Terms of Use and as permitted by the functionality of KERA websites and apps.

For any User Materials you submit on or through KERA websites and apps, you agree to abide by the Rules of Use for the Service 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

KERA does not allow framing of KERA websites and apps.

Links to KERA websites and apps

KERA encourages and permits links to content on KERA websites and apps. However, KERA is an organization committed to the highest journalistic standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that KERA promotes or endorses any third party’s causes, ideas, websites, products or services, or (b) use KERA content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity or to KERA. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

KERA has provided links to internet sites maintained by third parties, over which KERA has no control. KERA does not endorse the content, operators, products or services of such sites, and KERA is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. KERA is not 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.

Use of Third Party Services

In some cases, KERA provides features on KERA websites and apps through tools provided by a third party over which KERA has no control, influence or oversight. You should only use these third-party tools if you agree to be bound by their respective terms of use.

Content Feeds

KERA provides Really Simple Syndication (RSS) Feeds on several KERA websites and provides or may provide other content feeds on or through the Service, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using RSS technology, other XML (Extensible Markup Language) technology, or other syndication technology (the “Content Feed” or “Content Feeds”). The Content Feeds are available for personal, noncommercial use or for noncommercial use on a website, blog, or similar application of a nonprofit corporation which is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and which is not a news organization (“501(c)(3) Nonprofit Corporation”). You may display, excerpt from, and link to the Content Feeds on your personal website, blog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation website, blog, or similar application for noncommercial purposes provided that (a) the links redirect the user to KERA websites and apps when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable KERA Website page, (c) the use or display does not suggest that KERA promotes or endorses any third party causes, ideas, websites, products or services (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to or by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3) Nonprofit Corporation website, blog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to KERA or the relevant Content Provider adjacent to the Content Feed. Any other use of KERA’s trademarks or service marks, the names or service marks of any Content Feed provider, or of the Content Feeds requires the prior written permission of KERA. For permission requests, please go to the “Contact” page of KERA.org and click on “Request for Use of KERA Content.” For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use. KERA reserves the right to discontinue providing Content Feeds and to require that you cease accessing or using the Content Feeds, or any content contained in the Content Feeds at any time for any reason.

Podcasts

KERA provides podcasts (the “Podcasts”) consisting of selected audio content from KERA and other content providers, available via KERA websites and apps, that are provided over the internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user’s computer or transferred to a portable listening device. Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a portable listening device the Podcasts for your personal, noncommercial use only, provided that you do not modify the content. You also may link to Podcasts from your web site, blog or similar application, as long as (a) the links redirect the user to KERA websites and apps when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable KERA web page, (c) the linking does not suggest that KERA promotes or endorses any third party’s causes, ideas, websites, products or services, (d) you do not use KERA content for inappropriate commercial purposes, and (e) you provide attribution to KERA adjacent to the link. KERA reserves the right to discontinue providing Podcasts and to require that you cease accessing or using the Podcasts, or any content contained in the Podcasts, at any time for any reason.

KERA Media Players

KERA offers audio and video players for accessing audio and video content on KERA websites and apps (the “KERA Media Players”). When available, the KERA Media Players may be embedded or displayed on your personal website, blog, or similar application for personal, noncommercial purposes, or on your 501(c)(3) Nonprofit Corporation website, blog, or similar application (if you are not a news organization) for noncommercial purposes, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links redirect the user to KERA websites and apps when the user clicks on them, and all content is streamed from the originating KERA servers; (c) you will not add to, delete or modify any audio, video, headlines, text, links, or other content contained in the KERA Media Players; (d) you will not delete or modify the KERA logos contained in the KERA Media Players; (e) your use or display of the KERA Media Players must not suggest that KERA or any Content Provider promotes or endorses you or any third party or the causes, ideas, websites, products or services of you or any third party; (f) you will not use the KERA Media Players in any way that changes or distorts the fundamental meaning of the content; and (g) you may not insert any intermediate page, splash page or other content between the links contained within the KERA Media Players and KERA websites and apps. Any other use of KERA’s trademarks or service marks, the KERA Media Player, or of any content contained within the KERA Media Players requires the prior written permission of KERA. For permission requests, please contact KERA Audience and Member Services via email at our Contact Page or by phone at 214-740-9272 or metro 972-263-3151, ext. 272, or by mail: KERA Audience and Member Services, 3000 Harry Hines Boulevard, Dallas, TX, 75201.

KERA reserves the right to require that you cease accessing or using the KERA Media Players, or any content contained in the KERA Media Players, at any time for any reason.

Disclosure of Online Communications

You are cautioned that any online communications, on KERA websites and apps or any websites, may not be fully confidential or otherwise remain private. Despite privacy settings and other controls, anything that is sent on the internet is public. In addition, you should be aware that federal postal regulations do not protect electronic mail. KERA will make its best efforts to safeguard your privacy and will only knowingly disclose any such information if required to do so as a result of a legal proceeding.

Rogue Programming and Viruses

KERA is not responsible for any computer virus, trojan horse, timebomb, worm, or any other rogue programming (“Rogue Programming”) that may be contained in any of the information or software contained on KERA websites and apps. KERA 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 KERA websites and apps 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. You agree not to post, transmit, or make available in any way through KERA websites and apps any software or other materials that contain Rogue Programming.

Rules for Use of the Service

By using the Service, including by registering for the Service, submitting User Materials, using Content Feeds or Podcasts, or by using any other features of KERA websites and apps, you agree to the following rules:

You must be at least 18 years of age to register for or participate in the social networking features of KERA websites and apps; submit any User Materials or personally-identifying information on or through KERA websites and apps; participate in any contests; and/or place an order through the KERA Online Shop. If you are between the ages of 13 and 18, you may browse KERA websites and apps or register for email newsletters or other features of the Service 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 reserve the right to remove that information from our databases; however we are not under any obligation to do so.

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

You may not participate in any contests if you are an employee of KERA or any immediate family members residing with an employee. Also members of the NTPB Board of Directors and NTPB Community Advisory Board and any immediate family members residing with them are not eligible to participate.

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.

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 represent that you own or have all necessary rights and permissions to use, distribute and authorize KERA and users of KERA websites and apps (to the extent permitted by these Terms of Use) to use and distribute any User Materials.

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 KERA websites and apps or other Content Provider websites for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

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 usernames and/or email addresses for the purpose of sending unsolicited email or other communications to other users of the Service.

You may not interfere with or disrupt the integrity or performance of KERA websites and apps or other Content Provider websites, or any portion or contents thereof, or use these websites 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 websites or related systems or networks.

By submitting any User Materials on or through the Service, you hereby grant KERA and other Content Providers, their licensees, and users of these websites (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.

You are solely responsible for any User Materials you submit. KERA does not and cannot review all User Materials submitted and is not responsible for any User Materials submitted on or through the Service. However, KERA 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 these Terms of Use and/or the Privacy Policy, at KERA’s sole discretion.

KERA is not responsible for any User Materials submitted by you or a third party on or through the Service. KERA 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 or copyright or proprietary owner or are otherwise in compliance with these Terms of Use and/or the Privacy Policy.

By using the KERA Service, you agree to abide by these rules. You acknowledge that KERA 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 these Terms of Use and/or the Privacy Policy, or for any other reason, at KERA’s sole discretion. You further acknowledge that KERA 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 these Terms of Use.

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 KERA websites and apps and these Terms of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by KERA websites and apps and these Terms of Use, (d) the User Materials, and their use by KERA, its licensees (pursuant to their Terms of Use), and users of KERA websites and apps 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 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 KERA, and its Content Providers to this Service and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorney’s 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) KERA’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by KERA licensees and users.

Disclaimer

The Service and any content, materials, User Materials, features or products available or 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. KERA does not warrant that the Service will be uninterrupted or error-free, nor does KERA make any warranties as to the results that may be obtained from use of the Service or endorse, recommend, or make any warranties as to the accuracy, reliability or content of, any content, information, materials, User Materials, features, 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.

Content on KERA websites and apps is not intended to substitute for professional advice of any kind. In particular, nothing contained on KERA websites and apps is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding personal health or medical conditions. Never disregard or avoid professional medical advice or delay in seeking it because of something you have read on KERA websites and apps.

Limitation of Liability

In no event will KERA, its directors, officers, employees, members, or third party program producers and podcast providers be liable (a) for any indirect, consequential, special, incidental or punitive damages, arising out of the use or inability to use the Service, including without limitation use of or reliance on information available on KERA websites and apps, 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, (b) relating to any content or products available or sold on or through the Service, or (c) in connection with any third party content or materials (including User Materials) or the defamatory, infringing, offensive or illegal conduct of any third party. In no event will KERA, its directors, officers, employees, members, or third party program producers and podcast providers be liable for any amount in excess of $100.

Right to Change KERA websites and apps

KERA has the right to change KERA websites and apps, terminate or cease providing KERA websites and apps, or delete content, materials or features in any way, at any time or for any reason or no reason.

International Users

The Service is controlled and operated within the United States. KERA 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 local laws regarding online conduct and content and United States export laws and regulations.

Privacy Policy

KERA’s online Privacy Policy provides additional terms and conditions that apply to your use of KERA websites and apps.

**If you do not agree to these Terms of Use, please do not use KERA websites and apps.**