Terms of Service

1. USE OF SERVICE AND ACCEPTANCE

1.1. If the user (“you”) chooses to use or visit thirteen.org, wliw.org, njtvonline.org, njspotlight.com, wnet.org, allarts.org, or any of the related or affiliated websites (individually and collectively, the “Site”); related or affiliated mobile sites and applications; and any of the related features of the Site services, including but not limited to RSS, API, podcasts, mobile applications, embeddable video, software and other downloads (collectively, with the Site, the “Services”), you agree to abide by all of the terms and conditions of these Terms of Service and the Privacy Policy https://www.njtvonline.org/about/privacy-policy/ (incorporated herein by reference) between you and WNET and its affiliates, including WLIW LLC, Thirteen Productions LLC, Interactive Engagement Group LLC, WNET Spotlight LLC, Audio Enterprise Group LLC, Public Media NJ, Inc., and WNET Ventures LLC (collectively referred to as “WNET”, “us” or “we”).

1.2. We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Services and by continuing to use the Services, you agree to any changes.

1.3. We may change, suspend or discontinue any aspect of the Services at any time.

1.4. The Services shall be used by you only in a noncommercial manner. You shall not, without the express approval of WNET, distribute or otherwise publish any material on the Site or utilizing the Services containing any solicitation of funds, advertising or solicitation for goods or services.

2. CONTENT

2.1. The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on or through the Services (including, but not limited to articles, photographs, images, illustrations, audio clips or programs and video clips or programs, also known as the “Content”) are protected by copyright and owned or controlled by WNET or the party credited as the provider of the Content. You shall abide by all applicable copyright laws and additional copyright notices, information, or restrictions contained in any Content accessed through the Service. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part, except as provided in Sections 2.2 and 2.3 of these Terms of Service.

2.2. Where explicitly permitted, you may download the Content and other downloadable items displayed on the Services for personal use only, provided that: (a) you maintain all copyright and other notices contained therein; (b) you do not modify the content; (c) you do not use the content in a manner that suggests WNET promotes or endorses your, or any third-party’s, causes, ideas, web sites, 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. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from WNET’s Rights and Clearances Department, or the copyright holder identified in the copyright notice contained in the Content.

2.3. You may link to the Content on your personal web site, blog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation web site, blog, or similar application for noncommercial purposes only. You may display or excerpt from the Content provided that you obtain prior written consent, by contacting permissions@wnet.org. Your right to link, and potential right to display or excerpt from the Content, are contingent on abiding by the following provisions: (a) the links must redirect the user to the WNET Services 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 WNET Services page; (c) the use or display does not suggest that WNET promotes or endorses any third party causes, ideas, web sites, products or services; (d) the fundamental meaning of the content, 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 by the Content.

2.4. If you wish to use the Content in any way not enumerated in this Section or elsewhere in these Terms of Service, express prior written consent is required. Requests for information regarding web posting, reprint, transcript or any licensing of Content, should be sent to permissions@wnet.org.

2.5. WNET uses YouTube API Services to display some of our videos. By viewing these videos, you may be subject to YouTube’s Terms of Service (https://www.youtube.com/t/terms).

3. USER GENERATED CONTENT AND SUBMISSIONS, INCLUDING COMMENTS

3.1. The Services may contain comments sections, discussion forums, bulletin boards, or other interactive features (the “Interactive Areas”) in which you may post or upload comments; or submit user-generated content such as video, audio, photos, messages, computer code or applications or other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk.

3.2. By submitting User Content to an Interactive Area, you represent that you are at least 18 years of age and can enter into these Terms of Service, submit content, participate on the Services, and fulfill the obligations set forth in these Terms of Service.

3.3. No Compensation. You acknowledge that WNET has not and agree that WNET will not compensate you in any manner for the content you submit or for any rights you grant to WNET.

3.4. User Content Rules. By using the Interactive Areas, you agree to abide by these rules. WNET reserves the right to change, modify, add or remove rules at any time. Specifically, you agree not to:

• Upload, post or otherwise transmit User Content which contains advertising or any solicitation with respect to products or services;
• Upload, post, or otherwise transmit User Content that infringes upon any patent, copyright, trademark, trade secret or other proprietary right of any third party;
• Upload, post or otherwise transmit User Content that contains any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material;
• Upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of the relevant Interactive Area;
• Impersonate any person or entity, including, but not limited to, any WNET employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about WNET or Site users or posting private information about a third party;
• Upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
• Interfere with or disrupt the Services or the servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; and
• Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You further agree to:

• Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam;” and
• Use respectful language. Like any community, the online conversation flourishes only when our users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.

3.5. Embedded Content. WNET allows users to submit posts that contain embedded multimedia, such as videos from third party sites and images, that are relevant to the context of the User Content. When you embed any multimedia, you agree to the following:

• If you are embedding content from a third-party source, you represent and warrant that you have the right, permissions and consent necessary to use the content in such a manner;
• If you are embedding photographs of individuals, you affirm that you have permission from the depicted individuals to provide the photograph;
• None of the multimedia that you embed shall collect user data or request to collect user data (e.g., through online forms or form fields);
• You shall not embed content for a commercial purpose (i.e., content that may include promotions, sponsorships, or advertisements where you receive some kind of compensation or benefit from the publication of the submission).

3.6. You acknowledge that any User Content you submit to the Services may be edited, removed, modified, published, transmitted, and displayed by WNET at its sole discretion. You waive any rights you may have in having the User Content that is altered or changed in a manner not agreeable to you.

3.7. You grant WNET a perpetual, nonexclusive, world-wide, royalty free, irrevocable, sub-licensable license to the User Content, which includes without limitation the right for WNET or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. You warrant that such User Content is accurate and not misleading, and that use and posting, or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant WNET the right to pursue at law any person or entity that violates your or WNET’s rights in the User Content by a breach of these Terms of Service.

3.8. WNET may post, publish, reproduce, distribute or otherwise publicly display the author name, author bio, social media handle(s), and other information you provide in connection with your submitted User Content.

3.9. Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by WNET or its licensees, successors and assigns; (c) you hereby waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you hereby release WNET, and its licensees, successors and assigns, from any claims that you could otherwise assert against WNET by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.

3.10. You are solely responsible for the content of the User Content you submit. WNET does not and cannot review every submission and is not responsible for the content of these messages. WNET reserves the right to delete, remove, move, or edit User Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable for any reason.

4. THIRD PARTY CONTENT

4.1. WNET is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Services, are those of the respective author(s) or user(s) and not of WNET. In many instances, the content available through the Services represents the opinions and judgments of the respective user or information provider not under contract with WNET. WNET neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by any third party. By providing links to other sites, WNET does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to WNET or the Services. Under no circumstances will WNET be liable for any loss or damage caused by your use or reliance on information obtained through the Services. WNET is not responsible for any actions or inaction on your part based on the information that is presented on the Services.

4.2. WNET MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SERVICES DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE.

5. PROPRIETARY MATERIALS

5.1. The trademarks, trade names, slogans, logos, and other symbols or service marks referring to WNET and any of its affiliates and/or series and programs (the “Marks”) are the sole and exclusive property of WNET or its affiliates. All rights in these marks are reserved by their respective owners. You may not use any of the Marks without WNET’s prior written consent.

5.2. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by WNET, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from the Software.

6. COPYRIGHTS AND COPYRIGHT NOTICES

6.1. WNET respects the rights of all copyright holders. If you are a copyright owner or an agent thereof and you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification to our Designated DMCA Agent (provided below) with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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 service provider to locate the material;
• Information reasonably sufficient to permit the service provider 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;
• 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
• 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.

Please direct all copyright infringement notifications to our Designated DMCA Agent at:

Law Department – Attn: DMCA Agent
WNET
825 8th Ave, 14th Fl
New York, NY 10019
(212) 560-1313
copyright@wnet.org

6.2. Counter Notice. If we remove your content due to a copyright notice, we will notify you via the contact information that was provided to us. If you believe that your content was removed or access to your content was disabled due to a mistake, misidentification, or that you have authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information, as required by the 17 U.S.C. § 512(g)(3) of the DMCA to the DMCA Agent (as designated above):

• Identification of the allegedly infringing material that was removed and where it had been located;
• A statement under the penalty of perjury that you believe in good faith that the allegedly infringing material was removed as a result of mistake and misidentification;
• Your name, physical address, and phone number;
• Consent to the U.S. federal district court jurisdiction where you are located;
• Consent to service of process; and
• A physical or electronic signature

If a counter-notice is received by the WNET DMCA Agent, WNET may send a copy of the counter-notice to the original complaining party informing that person that WNET may replace the removed content and cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access restored, in 10 to 14 business days or more after receipt of the counter-notice, at WNET’s sole discretion.

7. REPRESENTATIONS AND WARRANTIES

7.1. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will: (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) that any User Content you submit through your account follows the User Generated Contents set out in Section 3; (c) that you have secured and, as applicable, paid for all rights, releases, clearances, and licenses with respect to all elements contained in the User Content; and (d) that if you submit any User Materials or personally-identifying information on or through the Services, you are at least 18 years old.

8. INDEMNITY

8.1. You hereby indemnify, defend and hold harmless WNET and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. WNET reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9. LIMITATION OF LIABILITY

9.1. IN NO EVENT WILL WNET, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND INFORMATION PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER CONTENT) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

9.2. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

10. ACCOUNT TERMINATION AND REPEAT INFRINGERS

10.1. Account Termination. For services requiring an account, WNET has the right to terminate a user’s or account-holder’s access to the Service, if in WNET’s sole discretion, the end-user had violated these Terms of Service.

10.2. Repeat Infringers. WNET defines a “repeat infringer” as any end-user who receives more than one copyright complaint against them in a calendar month.

WNET takes a “three-strikes” approach for repeat infringers. WNET will terminate access for users that have been the subject of three (3) separate valid DMCA notices that are not withdrawn or subject to a counter-notification that results in the materials being restored. WNET reserves the right to terminate user accounts that are the subject of less than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding WNET’s Terms of Service.

11. MISCELLANEOUS

11.1. WNET reserves the right to send electronic mail to you via the contact information you provide for the purpose of informing you of changes or additions to the Service.

11.2. In the event that the Content or Services contain a contest, additional contest-specific rules may apply. By participating in the contest, you agree to abide by both these Terms of Service and the rules for that contest. It is your responsibility to read and understand the rules of each contest in which you participate.

11.3. Nothing in these Terms of Service will serve to preempt the promises made in the Privacy Policy https://www.njtvonline.org/about/privacy-policy/.

11.4. The Terms of Services and any rights and license granted herein, may not be transferred or assigned by you. WNET may assign the Terms of Use, in part or in whole, without restriction.

11.5. Except as otherwise provided, any claims arising out of or relating to these Terms of Use or the Services will be governed by the laws of New York, other than its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in New York. New York; and you consent to personal jurisdiction in these courts.

11.6. These Terms of Service, together with the Privacy Policy at and any other legal notices published by WNET on the Services, shall constitute the entire agreement between you and WNET concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WNET’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.