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Terms Of Use

Maine Public Broadcasting Network Web site Terms of Use

Thank you for visiting the Maine Public Broadcasting Network Web site (the “MPBN site”).  The MPBN site is comprised of various Web pages, services, materials, information and other content (the “Content”) and is operated by the Maine Public Broadcasting Network (“MPBN”).   The MPBN site is offered to you as a resource for education and entertainment for personal use only.

Your use of the MPBN site is subject to and conditioned upon your agreement to and compliance with these Terms of Use, which may be periodically revised by MPBN in our discretion.  These Terms of Use were last revised on November 21, 2008. 

By accessing or using the MPBN site, or any Web pages contained herein, you accept and agree to the terms and conditions set forth in the then current version of these Terms of Use, without modification.  By accessing or using the MPBN site, or any Web pages contained herein, you also agree to receive electronic communications from MPBN and you agree that any notice, agreement, disclosure or other communication that MPBN sends you electronically will satisfy any legal requirements that such communication be in writing.
 
1.  PERMITTED USES OF THE MPBN SITE; RESTRICTIONS.

(a)  You will access and use the MPBN site solely for personal, non-commercial purposes.  You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the MPBN site or any Content in a manner that: (i) is inconsistent with these Terms of Use; (ii) violates any federal, state or local law, rule, regulation or order, or (iii) could damage, disable, overburden, or impair the MPBN site or interfere with any other party’s use and enjoyment of the MPBN Site.  You acknowledge and agree that the MPBN site and the Content includes subject matter that is owned by MPBN or other third parties and is protected under copyright, trademark and other intellectual property laws.  Unauthorized use of the MPBN site or the Content may violate such intellectual property laws or other laws relating to privacy and publicity.  The violation of such laws may give rise to civil and/or criminal penalties.     

(b)  You will not transmit, distribute, introduce or otherwise make available in any manner through the MPBN site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses).  MPBN does not have an obligation to detect the presence of such Viruses.  If you download software or any other Content from the MPBN site, you do so at your own risk.

2.  COMMUNICATION SERVICES; CONTRIBUTIONS.

(a)  The MPBN site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication media designed to enable you to communicate with MPBN or the public at large or with a group (collectively, "Communication Services").  Your use of the Communication Services is subject to all of the terms and conditions of these Terms of Use and any additional terms and conditions MPBN may impose in its sole discretion.  Please be aware that any such online communications, including without limitation any communications via the Communications Services, may not be confidential.  You should be aware that MPBN personnel and other third parties may have access to such communications and MPBN may use or disclose such communications for any lawful purpose.  You are solely responsible for any information, content, material, communication or other contributions you post, upload, input, submit or otherwise make available to or through the MPBN Site or any Communication Services (the “Contributions”). 

(b)  You will use the Communication Services only to post, send and receive Contributions related to the particular Communication Service and in accordance with these Terms of Use.  You will not use the Communications Services in a manner that violates any federal, state or local law, rule, regulation or order.  You will not make any contributions that are defamatory, profane, infringing, obscene, indecent or unlawful.  You will not use the Communication Services to abuse, harass, stalk, threaten or otherwise violate the legal rights of others.  Without limiting the generality of any of the foregoing, you will not use the Communications Services in connection with: (i) uploading files that contain software or other material protected by patent, copyright, trademark or other intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; (ii) uploading files that contain Viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (iii) advertising or offering to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; (iv) conducting or forwarding surveys, contests, pyramid schemes or chain letters; (v) download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; (vi) falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (vii) restricting or inhibiting any other user from using and enjoying the Communication Services; (viii) violating any code of conduct or other guidelines which may be applicable for any particular Communication Service; (ix) harvesting or otherwise collecting information about others, including e-mail addresses, without their consent.

(c)  Always use caution when giving out any information, including without limitation any personally identifying information about yourself or your children, in any Communication Service.  MPBN has no obligation to monitor and does not control the Communication Services or any Contributions.  The information or materials made available through the Communications Services, including any Contributions, may not reflect the views of MPBN and in no event will MPBN have any responsibility or liability for any such information, materials, or Contributions.  MPBN reserves the right at all times to: (i) review Contributions and other materials posted to a Communication Service and to edit, refuse to post, or remove any Contributions or other materials in its sole discretion; (ii) terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever; disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

(d)  MPBN does not claim ownership to any Contributions.  However, you hereby grant MPBN, its affiliated companies and sublicensees a perpetual, royalty-free, irrevocable, worldwide license to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon, such Contributions in any and all media now known or hereafter to become known.  You represent that you own or control all rights in or to such Contributions necessary to post, upload, input, submit or otherwise make the Contributions available and to grant such license.  Additionally, you hereby grant MPBN permission to publish your name in connection with your Contributions.  No compensation will be paid with respect to the use of your Contributions, as provided herein. MPBN is and shall be under no obligation to post or use any Contribution.

3.  LINKS TO THIRD PARTY SITES; LINKING TO THE MPBN SITE

(a)  The MPBN site may contain links to other Web Sites ("linked sites").  The linked sites are not under the control of MPBN and MPBN is not responsible or liable in any manner for any contents, advertising, products or other materials from any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site.  MPBN is not responsible or liable for podcasting, webcasting or any other form of transmission received from any linked site.  MPBN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MPBN of the site or any association with its operators.

(b)  You may link to the MPBN home page at www.mpbn.net; provided, however, (i) you may not portray MPBN in a false, misleading, derogatory or otherwise offensive light, and (ii) you may not frame the MPBN site.

4.  WARRANTY AND LIABILITY DISCLAIMER; INDEMNITY.

(a)  THE MPBN SITE AND THE CONTENT HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  MPBN MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE MPBN SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION, WARRANTY OR COVENANT ABOUT THE MERCHANTABILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, FITNESS, ACCURACY OR NON-INFRINGEMENT OF THE MPBN SITE OR ITS CONTENT.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE MPBN SITE AND THE CONTENT IS AT YOUR SOLE RISK.

(b)  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MPBN AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY OR BASIS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE: (I) USE OR PERFORMANCE OF THE MPBN SITE OR ITS CONTENT, OR (II) DELAY OR INABILITY TO USE THE MPBN SITE OR ITS CONTENT; EVEN IF MPBN OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(c)  YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST MPBN ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE MPBN SITE OR ITS CONTENT.  YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, MPBN AND ITS AFFILIATES AND SUPPLIERS FROM AND AGAINST ANY CLAIMS OR LIABILITY, INCLUDING REASONABLE COSTS AND ATTORNEYS’ FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE MPBN SITE OR ITS CONTENTS.

(d)  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MPBN Site, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MPBN Site.

6.  TERMINATION/ACCESS RESTRICTION

MPBN reserves the right, in its sole discretion, to terminate your access to the MPBN site and the related services or any portion thereof at any time, without notice.

7.  GOVERNING LAW; JURISDICTION AND VENUE

To the maximum extent permitted by law, these Terms of Use and your use of the MPBN site will be governed by and subject to the laws of the State of Maine and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in the State of Maine in all disputes arising our of or relating to these Terms of Use or your use of the MPBN site.

8.  COPYRIGHT INFRINGEMENT NOTICE.

(a)  Pursuant to Title 17 U.S.C. § 512(c), all notifications of claimed copyright infringement should be sent to MPBN’s designated Copyright Agent at the following:

    Chris Sweet
    Designated Copyright Agent
    Maine Public Broadcasting Network
    1450 Lisbon Street
    Lewiston, Maine 04240
   
    or, via e-mail to:

    copyright@mpbn.net

(b)  All claims of infringement must be in writing and must contain the following information:

(i)      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)      identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)      identification of the material that is claimed 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 reasonably sufficient to permit the MPBN to locate the material;

(iv)     information reasonably sufficient to permit MPBN to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v)     a statement that the complaining party has 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; and

(vi)      a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9.  CHILDREN

(a)  If you allow your minor child or a child for whom you are a legal guardian (a “minor”), to access the MPBN site, you will be solely responsible for: (i) the online conduct of such minor; (ii) monitoring such minor’s access to and use of the MPBN site; and (iii) the consequences of any use of the MPBN site by such minor.

(b)  Pursuant to 47 U.S.C. § 230(d) as amended, MPBN hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors.  Information identifying current providers of such protections is available at the GetNetWise website http://www.getnetwise.org/ (GetNetWise is not owned, operated, affiliated or endorsed by MPBN).
 
10.  PRIVACY

Maine Public Broadcasting Network is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience.  Please review our Statement of Privacy, which applies to and governs data collection and usage on the MPBN site. 

11.  MISCELLANEOUS

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 
 

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