Event Resource Library Terms of Use
Date of Last Revision: August 16, 2023
1. Introduction
Events Resource Library (“ERL”) is a portal created by Public Media Group of Southern California d/b/a KCET and PBS SoCal (“PMGSC”) that allows community organizations to request to screen and download PMGSC SoCal’s locally produced programs, along with resources including discussion/activity guides, promotional toolkits, etc. (collectively, the “Materials”) for the purpose of hosting community-based screenings of PMGSC’s programs.
By using or accessing ERL in any way, you irrevocably accept and agree to comply with these Terms of Use (which incorporate and include the PBS SoCal Privacy Policy and the PBS SoCal website Terms of Use, both posted at www.pbssocal.org), and any other policies, guidelines, and amendments that may be implemented by PMGSC), which form a binding legal agreement between you and PMGSC. If you do not wish to be bound by this agreement, do not use ERL. Your continued use of or access to ERL after any revisions or updates are published constitutes your acceptance of any such revisions or updates.
2. Basic Terms
(a) The Materials are provided solely for community and educational use. You agree to not use ERL or any Materials for any form or type of commercial purpose, monetary or otherwise. Moreover, you agree to not share ERL or any Materials, or direct links to any Materials, with any third party, except as may be technically necessary to conduct a screening;
(b) Screening events must be free and open to the public; i.e., no screening admission can be charged. You may accept donations at the screening event, but any such donation must not be construed as a cost of admission;
(c) You shall not adjust, edit, alter or in any way modify the PMGSC program;
(d) You shall be provided with approved descriptive text and templates for promotional materials. You shall not modify such promotional Materials beyond the designated fields clearly designed for event specific details, or create your own program descriptions, or modify any of PMGSC’s branding (logos, colors, etc.);
(e) Each screening event must be registered through ERL;
(f) You shall fully and completely delete the Program content from all of your devices and/or hard drives within five (5) days of the screening event;
(g) Should you wish to screen a program again, it must register a new event with PMGSC through ERL;
(h) You shall complete an evaluation form for each screening event you host,
(i) International usage of ERL and its Materials is strictly prohibited. All screening events must be hosted in the U.S.
3. Term and Termination
Either you or PMGSC may terminate your use of and access to ERL for any or no reason, at any time, upon written notice to the other party, such termination effective immediately upon receipt of said notice. Without limiting the generality of the foregoing, PMGSC may suspend, disable, terminate, or delete your account, if any, (or any part thereof), or block your use of and access to ERL, if PMGSC determines that you have violated any provision of these Terms of Use or that your conduct would tend to damage PMGSC’s reputation and goodwill or for any other behavior that PMGSC, in its sole discretion, deems contrary to the purpose of ERL. PMGSC shall always have the right to block your email address and/or Internet protocol address to prevent further use or registration.
4. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY YOU AND PMGSC IN WRITING, PMGSC OFFERS ERL AND THE MATERIALS AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ERL AND THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
5. Limitation on Liability.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL PMGSC BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF ERL, EVEN IF PMGSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification
You agree to indemnify, defend, and hold PMGSC, the Corporation for Public Broadcasting, PBS, and each of their respective affiliates, directors, officers, employees, funders, contractors, sublicensees, shareholders, assigns, sublicensees, successors, and agents, harmless for any and all damages, losses, expenses, claims, alleged or actual, and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to any third-party claims, charges, and investigations that: (a) arise from your activities conducted in connection with ERL; (b) arise from your failure to comply with these Terms of Use; or (c) assert that any acts you committed in connection with your use of ERL violates any law or infringes any right of any third-party, including, but not limited to, any intellectual property or privacy rights. The indemnity obligations set forth in this paragraph will exist in perpetuity, regardless of whether you cease to use ERL.