WVIZ/PBS Terms of Use

Welcome to our website. WVIZ/PBS 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 WVIZ/PBS 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.

WVIZ/PBS 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 WVIZ/PBS ideastream through this website (including, without limitation, any computer source or object code comprising this website) is owned by or licensed to WVIZ/PBS ideastream. WVIZ/PBS 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 WVIZ/PBS 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.

WVIZ/PBS 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.

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

WVIZ/PBS ideastream intellectual property may not be used in connection with any service or information that is not WVIZ/PBS ideastream’s. WVIZ/PBS 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 WVIZ/PBS 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 WVIZ/PBS 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.

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 WVIZ/PBS 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.

WVIZ/PBS 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.

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

--An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
--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;
--Identification of the URL or other specific location on WVIZ/PBS ideastream’s website where the material that you claim is infringing is located;
--Your address, telephone number and e-mail address;
--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;
--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, or by regular mail:

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

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 WVIZ/PBS ideastream, its affiliates, employees, agents or any such similarly situated persons or entities.

Ownership of Third Party Content

WVIZ/PBS ideastream may display Content supplied by visitors and other third parties on its website. WVIZ/PBS 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.

WVIZ/PBS 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. WVIZ/PBS ideastream may alter the availability of any feature of this website or service related to any feature of this website at any time. WVIZ/PBS 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 WVIZ/PBS 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.” WVIZ/PBS 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.

WVIZ/PBS 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

WVIZ/PBS 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, WVIZ/PBS ideastream’s negligence or your own errors and/or omissions, and any other cause, even if WVIZ/PBS 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, WVIZ/PBS 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 WVIZ/PBS ideastream has taken and what information we retain from your visit to WVIZ/PBS 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 WVIZ/PBS 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 WVIZ/PBS ideastream harmless for any damages, losses, costs, or expenses that WVIZ/PBS 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 WVIZ/PBS 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 WVIZ/PBS 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

WVIZ/PBS 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 WVIZ/PBS 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