Terms of Use
Effective Date: 11/01/2023
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITES AND SERVICES PROVIDED BY public media group of southern California. PLEASE NOTE, IN PARTICULAR, THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER IN SECTION 16, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Introduction
Public Media Group of Southern California ("PMGSC" or "we," "our" or "us") welcomes its members, donors, viewers and visitors to its websites (located at pmgsocal.org; pbssocal.org; kcet.org; linktv.org; and brokenbread.tv) and any features, applications, content, downloads and other online services available thereon or where these Terms of Use are posted (collectively, the " Sites," and each referred to as a "Site"). These Terms of Use (the "Terms") govern your use of the Sites. By using the Sites, you acknowledge and accept the Sites' Privacy Policy[2] and consent to the collection and use of your data in accordance with the Privacy Policy. By using the Sites, you further agree that we may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Sites.
If You Want to Use the Sites, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us, and they affect your legal rights and obligations. Each time you access and/or use the Sites (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Sites if you do not agree. We would not be able to make the Sites available to you without the conditions that are set forth in these Terms, such as, for example only, your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes.
If you are under the age of majority in your state or jurisdiction of residence (which is 18 in most U.S. states), you may use the Sites only with THE involvement and supervision of a parent or legal guardian who agrees to these Terms and agrees to be responsible for your use OF THE SITES. If you are the parent oR legal guardian supervising a minor user of the Sites, you expressly agree to these Terms ON YOUR OWN AND on behalf of the minor. If you are under 13 years of age, please do not send any personal/private information about yourself, including your name, address, or email address, etc. If we find that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our databases as soon as possible.
In some instances, additional guidelines, rules, or terms of use or sale will apply to your use of the Sites to a particular area, feature, or functionality of the Sites, or to a service or product offered via the Sites ("Additional Terms"). We may provide such Additional Terms to you via postings, pop-up notices, links, or other means. To the extent that there is a conflict between these Terms and any Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state otherwise. Any reference to the “Terms” in this agreement includes the Additional Terms.
Linkable Table of Contents
1. Site Content; Ownership; Limited License and Rights of Others
3. Opening and Terminating Accounts
4. Your License Grant to PMGSC; Unsolicited Ideas and Materials; Online Forums[3]
5. Online Auctions, Contests, Sweepstakes and Promotions
6. Accuracy and Safety of Content and Future Modifications to the Sites
7. Transactions on the Sites[4]
10. Procedure For Alleging Infringement of Other Intellectual Property
15. Dispute Resolution and Agreement to Arbitrate
19. For Additional Information
1. Site Content; Ownership; Limited License and Rights of Others.
A. Content. The Sites contain a variety of: (i) materials and other items relating to PMGSC, and its programming and mission statement, and similar items from our licensors and other third parties, including website layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Sites, and the compilation, assembly, and arrangement of the materials of the Sites and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of PMGSC (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively the "Content"). For avoidance of doubt, the “Content” includes User Content (defined below) that has been posted on the Sites by other users. All references to the “Content” includes such “User Content.”
B. Ownership. The Sites (including past, present and future versions) and the Content are owned or controlled by PMGSC and our licensors and certain other third parties. All right, title, and interest in and to the Sites and the Content are the property of PMGSC or our licensors or certain other third parties, and are protected by United States and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible.
C. Limited License. Subject to your strict compliance with these Terms, PMGSC grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device"). Certain portions of the Sites may permit you to download to and play on your Device certain audio and audio-visual works, such as audio content, podcasts, and videos (collectively, "Download Content"). All references to the “Content” include the “Download Content.” Under this license, the Sites and the Content (i) may be used only for personal, non-commercial, informational purposes and (ii) any copyright, trademark, and other proprietary notices may not be removed from the Content.
You may not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit the Sites or the Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of PMGSC or any applicable third-party licensor. This limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in PMGSC’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
Further, nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or the Content, through the use of framing, "deep linking" (except as expressly specified in these Terms), use of a "robot", "bot", "spider", "data mining" or similar automated method, or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of PMGSC or such third party that may own the trademark or copyright of the relevant Content. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the content of the Sites for use in connection with search engines and Internet directories.
D. Rights of Others. When using the Sites, you must respect the intellectual property and other rights of PMGSC and others. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
2. Use of the Sites.
Unless otherwise specified, the Content is presented solely for the purpose of providing information about and promoting television programs, events and other products, and for sharing informational and educational multi-media and written content, available in the United States, its territories, possessions and protectorates. PMGSC may alter, suspend, or discontinue the Sites at any time for any reason, without notice or cost. The Sites may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
You agree that you will not: (i) use the Sites for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Trademarks; (iii) engage in any activities through or in connection with the Sites that seek to, attempt to, or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to PMGSC; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Sites; (v) engage in any activity that interferes with a user's access to the Sites or the proper operation of the Sites, or otherwise causes harm to the Sites, PMGSC, or other users of the Sites; (vi) interfere with or circumvent any security feature of the Sites or any feature that restricts or enforces limitations on use of or access to the Sites; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Sites, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Sites, other computer systems or networks connected to the Sites, through password mining or any other means; or (ix) otherwise violate these Terms.
You also agree that (i) you will not frame or utilize framing techniques to enclose any Content; (ii) you will not use the Content in any manner that suggests an unauthorized association with PMGSC or any of our or our licensors' products, services, or brands; and (iii) you will not insert any code or product to manipulate the Content in any way that adversely affects any user experience.
You may hyperlink or "deep link" to the Sites on non-commercial websites for non-commercial, informational purposes in accordance with these Terms. You must identify PMGSC as the owner of the Sites. You may not link to the Sites in a way that states or otherwise implies that there is any affiliation between you, your website, or your organization and PMGSC, or any endorsement or approval of you, your website or you organization by PMGSC. You agree that PMGSC may redirect hyperlinks to the Sites to other pages in its discretion.
For permissions requests, please provide us with (i) your full name, address, telephone number and email, (ii) the name, address, telephone number and email of any entity for which you are making the request, (iii) a brief description of your project, and (iv) a description of the contemplated use of the Content and the rights you are seeking by sending this information to:
Email: legal@pmgsocal.org
3. Opening and Terminating Accounts.
In order to access or use some of the features on the Sites, you may be required to first register through our online registration process. The Sites’ practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy. If you are under the age of thirteen (13), then you are not permitted to register as a user, or otherwise use the Sites to submit any personal information to us.
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) you will not use a username (or e-mail address) to impersonate another person, that belongs to another person, that violates the intellectual property or other right of any person or entity, or is offensive or otherwise unacceptable, all as determined in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and will update it continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your account, password, and username, whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device, so that others may not access any password protected portion of the Sites using your name, username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits, all in our sole discretion, for any reason, and without advance notice or liability.
4. Your License Grant to PMGSC; Unsolicited Ideas and Materials; Online Forums.
A. Your License Grant to User Content. Certain areas of the Sites may permit users to submit, post, link, share, or otherwise make available information and content (“User Content”). Such areas of the Sites include online forums, where users are invited to engage in discussion on various topics relevant to the Sites and the Content (“Online Forums”).
In exchange for the opportunity to use the Sites, you grant to PMGSC the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limiting the foregoing, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information.
In order to further effect the rights and license that you grant to PMGSC to your User Content, you also hereby grant to PMGSC, to the extent permitted by applicable law, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with your User Content, as well as that of any other person featured or referenced in the User Content, without any obligation or remuneration to you or any other party. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights you have granted to PMGSC under this Section. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
Each time you submit any User Content, you represent and warrant that you have all proper consents from the parent or legal guardian of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant PMGSC the rights to it that you are granting pursuant to these Terms, all without any obligation by PMGSC to obtain consent of any third party and without creating any obligation or liability of PMGSC; (b) the User Content is accurate; (c) the User Content does not and, as to PMGSC’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content does not violate these Terms or cause injury or harm to any person. You are not permitted to submit or otherwise transmit any software or other material that contains a virus or other harmful code or device. You may not use the Sites to transmit or otherwise facilitate the transmission of spam or other multiple mailings.
User Content available on the Sites has not necessarily been reviewed or approved by PMGSC, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in User Content belong solely to the users who shared the content and not to PMGSC. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to any User Content, including your reliance on any such content.
B. Confidentiality. Except as otherwise described in any Additional Terms, you agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark it “confidential,” “proprietary,” or the like – and will not be returned; and (b) PMGSC does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon PMGSC’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms. You acknowledge that Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.
Further, you acknowledge and agree that PMGSC shall be free to use any ideas, concepts, inventions, know-how, techniques, and suggested improvements (whether pertaining to music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise) that you submit to PMGSC and/or share on the Sites (collectively, “Ideas”), all of which are deemed User Content and licensed to us as set forth in Part A of this Section. In addition, PMGSC retains all of the rights held by members of the general public with regard to your Ideas. PMGSC’s receipt of your Ideas is not an admission by PMGSC of their novelty, priority, or originality, and it does not impair PMGSC’s right to contest existing or future intellectual property rights relating to your Ideas.
PMGSC is entitled to use any Ideas you submit to the Sites for any purpose without (i) restriction (except as explicitly provided in the Privacy Policy), (ii) compensation in any form, or (iii) attribution to the person submitting the information and materials.
C. Terms and Conditions of Online Forums. In addition to compliance with all other provisions of these Terms, you must comply with the following rules when making submissions to Online Forums on the Sites. In addition, we have provided guidance on some, though not all, of the actions in response to which PMGSC may decide to post only part or none of your comments. In some cases, this may result in the termination of your access to the Sites. PMGSC reserves the right (but is not obligated) to edit, delete, or choose not to post any User Content, all without any liability to you. By using the Online Forums, you indicate your acceptance of the Terms.
i. You represent that you are at least 13 years of age. You must obtain the permission of a parent or guardian before accessing the Online Forums or submitting material to the Online Forums if you are 13 years of age or older but under the age of majority in your jurisdiction of residence (which is 18 in most U.S. states), and your parent or legal guardian must supervise your participation in any Online Forms. Children under the age of 13 are not permitted to participate in Online Forums.
ii. You agree to act responsibly with regard to others and their content. You will not knowingly post User Content that infringes in any way or violates any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party. You are also prohibited from posting content that PMGSC considers, in its sole discretion, to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or is otherwise objectionable.
iii. You agree to submit User Content for non-commercial purposes only. You may not post User Content intended to sell or promote any products or services or to promote, solicit, or participate in multi-level marketing or pyramid schemes.
iv. You agree to submit User Content that is relevant. Related to this, we note that we are currently equipped to process comments in English only unless otherwise advised.
v. You agree to participate honestly and in compliance with the law. You are prohibited from impersonating any other person, including any agent, employee or officer of PMGSC, expert or bulletin board leader, guide, or host. You may not intentionally or unintentionally violate any applicable local, state, national, or international law, including any regulations having the force of law, in connection with your use of the Sites, in any manner.
i. You agree to maintain the privacy of others. You may not invade the privacy or violate any personal or proprietary right of any person or entity.
ii. You agree that User Content posted by others is not approved or endorsed by PMGSC. Your use of or reliance upon any information you obtain through an Online Forum is at your own risk. You understand that your use of the Online Forums may expose you to content which is incorrect and/or which you consider to be offensive, indecent, or otherwise objectionable.
5. Online Auctions, Contests, Sweepstakes, and Promotions.
From time to time, PMGSC may offer auctions, contests, sweepstakes and similar promotions (each a "Promotion") for fundraising or promotional purposes. We may offer Promotions through the Sites that may require registration. By participating in a Promotion, you will be required to agree to Additional Terms such as our Auction Terms and Conditions or the Official Rules that govern that Promotion, which may contain specific requirements of you, including allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. For additional information, including how to participate in a Promotion, please carefully review the relevant Additional Terms.
6. Accuracy and Safety of Content and Future Modifications to the Sites.
While PMGSC uses reasonable efforts to include accurate and up to date information on the Sites, we do not represent or warrant that the information is accurate or that the materials posted on, or made available or accessible through, the Sites is safe to download. It is your responsibility to ascertain whether any material downloaded from the Sites is free of viruses, worms, trojan horses, or other items of a potentially destructive nature. PMGSC reserves the right to make changes to content, product descriptions, or other information without obligation to notify any person of such changes. PMGSC periodically adds, removes, or updates the Content without notice, and we shall have no liability to you for any changes to the Sites.
7. Transactions on the Sites.
PMGSC only accepts donations or otherwise engages in financial transactions (“Transactions”) with adults. If you are under the age of majority in your jurisdiction of residence, you may not make any Transactions on the Sites. If you wish to make a Transaction, you will be asked to supply certain information, including information about your method of payment, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH A TRANSACTION.
You further agree to provide current, complete, and accurate information for all Transactions initiated on the Sites. You agree to promptly update your account and other information, as applicable, so that we can complete your order and contact you as needed. By submitting any information in connection with an order, you grant to PMGSC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of a Transaction.
We reserve the right to refuse service or cancel or modify Transactions in our sole discretion and shall have no liability to you other than refunding any payment made to PMGSC, if applicable. If we make a change to or cancel a Transaction, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the Transaction was made. Except as otherwise set forth herein, the risk of loss for and title to products acquired via the Sites passes to you upon delivery to the carrier.
You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price in effect when such charges are incurred, including all shipping and handling charges. You remain solely responsible for any taxes that may be applicable to your Transactions. Further, it is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any products or services acquired via the Sites. By making a Transaction, you represent that such products or services will be used only in a lawful manner. Any offer made on the Sites is void where prohibited.
8. Privacy Policy.
PMGSC has established a Privacy Policy that identifies how PMGSC collects, uses and shares the personal information of its members, customers and supporters of, and visitors to, the Sites. You can contact PMGSC regarding the Privacy Policy as set out in the section entitled "For Additional Information" below.
9. Copyright Infringement.
If you believe any materials accessible on the Sites infringe your copyright, you may request removal of those materials from the Sites by contacting PMGSC’s copyright agent (identified below) and providing the following information:
i. A legend or subject line that says: "DMCA Notice";
ii. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. If the copyright is registered with the U.S. Copyright Office, please provide the registration number.
iii. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
iv. Your name, address, telephone number and (if available) e-mail address.
v. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
vii. A signature or the electronic equivalent from the copyright holder or authorized representative.
PMGSC’S agent for copyright issues relating to the Sites is as follows:
Public Media Group of Southern California
ATTN: June M. Baldwin
2900 West Alameda Ave. Suite 600
Burbank, California 91505
Telephone Number: (747) 201-5282
Email: legal@pmgsocal.org
PMGSC may elect not to respond to DMCA notices that do not substantially comply with all of the foregoing requirements. At the same time, we reserve the right to remove allegedly infringing material that comes to our attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who posted the allegedly infringing User Content. That person may elect to send us a DMCA Counter-Notification. Without limiting PMGSC’S other rights, we maintain a policy with respect to repeat infringers and we may, in appropriate circumstances, terminate a repeat infringer's access to the Sites.
If access to User Content that you submitted to the Sites is disabled or the work is removed as a result of a DMCA notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA counter-notification to the addresses above. Your DMCA counter-notification should contain the following information:
i. A legend or subject line that says: "DMCA Counter-Notification";
ii. A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Sites from which the material was removed or access to it disabled);
iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
iv. Your full name, address, telephone number, e-mail address, and the username of your account;
v. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
vi. Your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA counter-notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA counter-notification. However, we will not do this if we first receive notification at the addresses above that the party who sent us the DMCA notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Sites. You should also be aware that we may forward the counter-notification to the party who sent us the initial DMCA notice.
10. Procedure For Alleging Infringement of Other Intellectual Property.
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Sites, then you may send us a written notice to the addresses set forth above that includes all of the following:
i. A legend or subject line that says: "Intellectual Property Infringement Notice";
ii. A description of the intellectual property that you claim has been infringed;
iii. A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Sites on which the material appears);
iv. Your full name, address, telephone number and email address;
v. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
vi. A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
vii. Your electronic or physical signature.
We will act on such notices in our sole discretion. You expressly agree that PMGSC shall have no liability to you arising from any action or inaction related to any such notice. Any user of the Sites that fails to respond satisfactorily to PMGSC with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing User Content.
11. Disclaimer of Warranties.
YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. Therefore, to the fullest extent permissible by law, PMGSC and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the "PMGSC Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (I) the Sites (including all of the Content); (II) the functions, features, or any other elements on, or made accessible through, the Sites; (III) any products, services, or instructions offered or referenced at or linked through the Sites; (IV) security associated with your user content transmitted to the Sites; (V) whether the Sites or the servers that make the Sites available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (VI) whether the information (including any instructions) on the Sites is accurate, complete, correct, adequate, useful, timely, or reliable; (VII) whether any defects to or errors on the Sites will be repaired or corrected; (VIII) whether your access to the Sites will be uninterrupted; (IX) whether the Sites will be available at any particular time or location; (X) any User Content available on the Sites; and (XI) whether your use of the Sites is lawful in any particular jurisdiction.
WITHOUT LIMITING THE FOREGOING, THE PMGSC PARTIES DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of certain warranties so the above disclaimers may not apply to the extent such jurisdictions' laws are applicable.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE PMGSC PARTIES SHALL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITES, EVEN IF THE APPLICABLE PMGSC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (I) USE OF OR INABILITY TO USE THE SITES, (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (IV) THIRD-PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITES, OR (V) ANY OTHER MATTER RELATING TO THE SITES.
In addition, when using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of THE PMGSC PARTIES. Accordingly, THE PMGSC PARTIES assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
13. Third-Party Sites.
The Sites may contain links to third-party sites, products, and services (“Third-Party Sites”). These links are provided to you as a convenience, and PMGSC is not responsible for the content, products, or services available on Third-Party Sites. Any Third-Party Site accessed from the Sites is independent from PMGSC, and we have no control over the content of that Third-Party Site. In addition, a link to a Third-Party Site does not imply that PMGSC endorses or accepts any responsibility for the content or use of the Third-Party Site, and any reference on the Sites to any Third-Party Sites should not be construed as an approval or endorsement by PMGSC of that third party or any aspect of the Third-Party Site.
14. Jurisdictional Issues.
PMGSC operates the Sites from its offices in the United States and makes no representation that the Sites or the Content is appropriate or available for use outside the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Sites may describe products, services, contests, sweepstakes and promotions that are available only in the United States (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service, or other feature described or available on the Sites to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
15. Dispute Resolution & Agreement to Arbitrate.
By using the Sites, you and PMGSC agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
- Notice to PMGSC: You must send notice (1) by electronic mail to legal@pmgsocal.org and (2) by first-class or certified mail to Public Media Group of Southern California, ATTN: June M. Baldwin, 2900 West Alameda Ave. Suite 600, Burbank, California 91505
- Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.
Both you and PMGSC agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance-based hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and PMGSC agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding the foregoing, in lieu of arbitration either you or PMGSC may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claims are brought and maintained on an individual basis.
16. Choice of Law & Forum.
These Terms have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of California, without giving effect to any conflict of laws principles.
Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Loas Angeles County, California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.
You and PMGSC acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
17. Updates to the Terms.
These Terms, in the form posted at the time of your use of the Sites, shall govern such use. AS OUR SITES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITES MAY BE MODIFIED. When we do so, we will update the “Effective Date” at the top of this agreement. In our sole discretion, we may also provide notice of updates to these Terms by other means that we deem reasonable.Regardless of any other notice provided to you (or the lack thereof), by continuing to use the Sites after we post any revisions to these Terms and update the “Effective Date,” you accept these Terms as modified.
Therefore, you should review the posted Terms each time you use the Sites. However, the Terms that applied when you previously used the Sites will continue to apply to such prior use (i.e., changes and additions are prospective only), unless mutually agreed. In the event that any notice to you of new or revised terms is determined by a court of competent jurisdiction to be insufficient, the prior Terms shall continue until sufficient notice to establish a new agreement occurs. You can reject any new or revised terms by discontinuing your use of the Sites.
18. General Provisions.
A. PMGSC Consent or Approval. As to any provision in these Terms that grants PMGSC a right of consent or approval, or permits PMGSC to exercise a right in its "sole discretion," PMGSC may exercise that right in its sole and absolute discretion. No consent or approval may be deemed to have been granted by PMGSC without being in writing and signed by an officer of PMGSC.
B. Indemnity. You agree to, and you hereby, defend, indemnify, and hold the PMGSC Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any PMGSC Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User Content; (ii) your misuse of the Sites; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Sites; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the PMGSC Parties' use of the information that you submit to us (including your User Content) (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by the PMGSC Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the PMGSC Parties retain the exclusive right to settle all Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the applicable PMGSC Party. The PMGSC Parties reserve the right to assume the exclusive defense and control of any Claims and Losses, in which case you agree to cooperate fully with the PMGSC Parties.
C. Export Controls. The Sites, or certain portions thereof, may be subject to United States export controls. You may not export or re-export any aspect of the Sites without: (a) the prior written consent of PMGSC, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. Without limiting the foregoing, you may not remove or export from the United States or allow the export or re-export of any part of the Sites (i) into (or to a national or resident of) any country or other jurisdiction to which the United States has embargoed goods, software, technology or services or (ii) in violation of any restrictions, laws, or regulations of the U.S. Treasury Department (including its list of Specially Designated Nationals) or the U.S. Commerce Department (including its Table of Deny Order or Bureau of Industry and Security Entities List).
D. Severability; Interpretation. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in these Terms.
E. Communications. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that, unless mandated by applicable law, we assume and shall have no obligation to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
F. Investigations; Cooperation with Law Enforcement; Termination; Survival. PMGSC reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Sites’ security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by PMGSC in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms, and (vi) discontinue the Sites, in whole or in part, or suspend or terminate your access to the Sites, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to PMGSC under these Terms. Upon suspension or termination of your access to the Sites, or upon notice from PMGSC, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Sites. The provisions of these Terms which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to PMGSC in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
G. Assignment. PMGSC may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of PMGSC.
H. No Waiver. Except as expressly set forth in these Terms, (i) no failure or delay by you or PMGSC in exercising any of rights, powers, or remedies under these Terms will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
I. U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Sites have been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and are provided as "commercial items," "commercial computer site" and/or "commercial computer site documentation." Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.
J. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Sites, and you will be responsible for all charges related to them.
K. No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and PMGSC.
L. Notice to California Residents. You may reach PMGSC at the contact information provided below in the “For Additional Information” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. For Additional Information.
If you have any questions about the Terms, please contact PMGSC in writing at the following addresses:
Public Media Group of Southern California
2900 West Alameda Ave., Suite 600
Burbank, California 91505Telephone Number: (747) 201-5282
Email: legal@pmgsocal.org
Any questions regarding the Privacy Policy and/or PMGSC’s processing of personal information should be sent in writing to the following addresses:
Public Media Group of Southern California
2900 West Alameda Ave., Suite 600
Burbank, California 91505
Telephone Number: (747) 201-5282
Email: legal@pmgsocal.org
© 2023 Public Media Group of Southern California