Effective Date: December 2, 2014
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES AVAILABLE THROUGH THE SITE.
" or "we
" or "us
" and each referred to as a "Site
. By using the KCETLink Sites, you further agree that KCETLink 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 KCETLink Sites.
If You Want to Use This Site,
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 Site (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 Site if you do not agree. If you are under the age of majority in your state or jurisdiction of residence, you may use the Site only with involvement of a parent or guardian who agrees to these Terms and agrees to be responsible for your use.
KCETLink would not be able to make the Site 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.
Linkable Table of Contents
1. Site Content, Ownership, Limited License and Rights of Others
A. Content. The Site contains a variety of: (i) materials and other items relating to KCETLink, and its programming and mission statement, and similar items from our licensors and other third parties, including all 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 Site, and the compilation, assembly, and arrangement of the materials of the Site 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 KCETLink (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content").
B. Ownership. The Site (including past, present and future versions) and the Content are owned or controlled by KCETLink and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of KCETLink or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. KCETLink owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
C. Limited License. Subject to your strict compliance with these Terms and the Additional Terms, KCETLink grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), 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") for your personal, non-commercial use only. The foregoing 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 KCETLink'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.
D. Rights of Others. When using the Site, you must respect the intellectual property and other rights of KCETLink and others. Your unauthorized use of 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 KCETLink Sites and Download Content
Unless otherwise specified, the Content on the KCETLink Sites are presented solely for the purpose of providing information about and promoting television programs, events and other products available in the United States, its territories, possessions and protectorates. KCETLink may alter, suspend, or discontinue the KCETLink Sites at any time for any reason, without notice or cost. The KCETLink Sites may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
No part of the KCETLink Sites may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that KCETLink authorizes you to view, reproduce, download to your computer, and/or print KCETLink documents, and view or listen to, download to your computer or your portable listening device and/or display audio and audio-visual works, such as audio content, or podcasts, and videos (collectively, "Download Content") as such Download Content is made available on the KCETLink Sites, subject to the following conditions:
(a) The Download Content may be used only for your personal non-commercial, informational purposes.
(b) The Download Content may not be modified, and audio, video, and audio-visual Download Content may not be reproduced unless otherwise expressly permitted on the KCETLink Sites.
(c) Copyright, trademark, and other proprietary notices may not be removed from the Download Content.
Nothing contained on the KCETLink Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the KCETLink Sites or any Download Content made available on the KCETLink Sites, 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 KCETLink or such third party that may own the trademark or copyright of the relevant material displayed on the KCETLink Sites. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the content of the KCETLink Sites for use in connection with search engines and Internet directories.
You agree that you will not: (i) use the Site 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 Site 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 KCETLink; (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 Site; (v) engage in any activity that interferes with a user's access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, KCETLink, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, the Download Content, or the user content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.
You also agree that, in using the Site; (ii) you will not frame or utilize framing techniques to enclose any such Content or Download Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content or Download Content; (iv) you will not use such Content or Download Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content or Download Content; (vi) you will 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 such Content or Download Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of KCETLink or, in the case of Content or Download Content from a licensor, the owner of the Content or Download Content; and (vii) you will not insert any code or product to manipulate such Content or Download Content in any way that adversely affects any user experience.
You may hyperlink or "deep link" to the KCETLink Sites on non-commercial websites for non-commercial, informational purposes in accordance with these Terms. You must identify KCETLink as the owner of the KCETLink Sites. You may not link to the KCETLink Sites in a way that states or otherwise implies that there is any affiliation between you, your website or your organization and KCETLink, or any endorsement or approval of you, your website or you organization by KCETLink. You agree that KCETLink may redirect hyperlinks to the KCETLink 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 KCETLink material and the rights you are seeking by sending this information to:
Fax: Attention: Permissions Department at: 747-201-5870
3. Opening and Terminating Accounts
. If you are under the age of thirteen (13), then you are not permitted to register as a user, or otherwise use the Site or submit 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) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and 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 Site 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, any Additional 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. Online Forums
We require that you follow these simples rules when making submissions to the Online Forums on the KCETLink Sites. In addition, we have provided guidance on some, though not all, of the actions in response to which KCETLink 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 KCETLink Sites. KCETLink reserves the right (but is not obligated) to edit comments it posts for any reason without consent. By using the Online Forums, you indicate your acceptance of the Terms.
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 under the age of 18. Children under the age of 13 are not permitted to participate in Online Forums.
You agree to act responsibly with regard to others and their content. You will not knowingly post 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 KCETLink 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.
You agree to submit comments for non-commercial purposes only. You may not attempt to post submissions to sell or promote any products or services or promote, solicit or participate in multi-level marketing or pyramid schemes.
You agree to submit comments that are relevant. Related to this, we note that we are currently equipped to process comments in English only unless otherwise advised.
You agree to participate honestly and in compliance with the law. You are prohibited from impersonating any other person, including but not limited to, an agent, employee or officer of KCETLink, expert or bulletin board leader, guide or host. You may not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the KCETLink Sites or in connection with your use of the KCETLink Sites, in any manner.
You agree to grant KCETLink the right to use the content that you submit to KCETLink. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your user content, you grant to KCETLink 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 limitation, 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, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to KCETLink to your user content, you also hereby grant to KCETLink, and agree to grant to KCETLink, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any user content, without any obligation or remuneration to you. 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 granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
You agree to maintain your privacy and that of others. You may not invade the privacy or violate any personal or proprietary right of any person or entity.
You agree that content posted by others is not approved or endorsed by KCETLink. 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.
You agree to certain representations and warranties when you submit user content to us. Each time you submit any user content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or 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 KCETLink the rights to it that you are granting by these Terms and any Additional Terms, all without any KCETLink obligation to obtain consent of any third party and without creating any obligation or liability of KCETLink; (b) the user content is accurate; (c) the user content does not and, as to KCETLink'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 will not violate these Terms (including the Rules) or any Additional 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 KCETLink Sites to transmit or otherwise facilitate the transmission of spam or other multiple mailings.
5. Online Auctions, Contests, Sweepstakes and Promotions
From time to time, KCETLink may offer auctions, contests, sweepstakes and similar promotions (each a "Promotion") for fundraising and promotional purposes. We may offer Promotions through the Site 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 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 Additional Terms provided on the KCETLink Sites.
6. Accuracy and Safety of Content and Future Modifications to the KCETLink Sites
While KCETLink uses reasonable efforts to include accurate and up to date information on the KCETLink Sites, KCETLink does not represent or warrant that the information is accurate or that the materials posted on, or made available or accessible through, the KCETLink Sites are safe to download. It is your responsibility to ascertain whether any material downloaded from the KCETLink Sites is free of viruses, worms, trojan horses, or other items of a potentially destructive nature. KCETLink reserves the right to make changes to content, product descriptions, or other information without obligation to notify any person of such changes. KCETLink periodically adds or updates the information and Content or Download Content on the KCETLink Sites without notice.
8. Copyright Infringement
If you believe any materials accessible on or from the KCETLink Sites infringe your copyright, you may request removal of those materials (or access thereto) from the KCETLink Sites by contacting KCETLink's copyright agent (identified below) and providing the following information:
(d) 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.
(e) 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.
(f) Your name, address, telephone number and (if available) e-mail address.
(g) 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.
(h) 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.
(i) A signature or the electronic equivalent from the copyright holder or authorized representative.
KCETLink's agent for copyright issues relating to this Site is as follows:
2900 West Alameda Ave.
Burbank, California 91505
Telephone Number: (747) 201-5282
Attn: Senior Vice President and General Counsel
In an effort to protect the rights of copyright owners, KCETLink maintains a policy for the termination, in appropriate circumstances, of users of the KCETLink Sites who are repeat infringers. It is often difficult to determine if your copyright has been infringed. KCETLink may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and KCETLink may elect to remove allegedly infringing material that comes to its 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 provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting KCETLink's other rights, KCETLink may, in appropriate circumstances, terminate a repeat infringer's access to the Site and any other website owned or operated by KCETLink.
If access on the KCETLink Sites to a work that you submitted to KCETLink 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 Site 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 notice at the addresses above that the party who sent us the DMCA Copyright Infringement 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 Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
9. 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 Site, then you may send us a written notice to the addresses set forth above that includes all of the following:
(a) a legend or subject line that says: "Intellectual Property Infringement Notice";
(b) a description of the intellectual property that you claim has been infringed;
(c) 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 Site on which the material appears);
(d) your full name, address, telephone number and email address;
(e) 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;
(f) 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
(g) your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Site that fails to respond satisfactorily to KCETLink 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 material.
10. Disclaimer of Warranties
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. Therefore, to the fullest extent permissible by law, KCETLink and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the "KCETLink Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Site (including the Content, the Download Content and the user content);
(b) the functions, features, or any other elements on, or made accessible through, the Site;
(c) any products, services, or instructions offered or referenced at or linked through the Site;
(d) security associated with the transmission of your user content transmitted to KCETLink via the Site;
(e) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(f) whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to or errors on the Site will be repaired or corrected;
(h) whether your access to the Site will be uninterrupted;
(i) whether the Site will be available at any particular time or location; and
(j) whether your use of the Site is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A KCETLINK PARTY, KCETLINK PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, 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 implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions' laws are applicable.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KCETLink BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE INFORMATION CONTAINED ON THE KCETLink SITES, EVEN IF KCETLink HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KCETLink'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE KCETLink SITES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED US $100 OR THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.
12. Links to Third-Party Sites and Reference to Third Parties and Their Products
The KCETLink Sites may contain links to sites other than the KCETLink Sites. These links are provided to you as a convenience, and KCETLink is not responsible for the content of any linked site. Any outside site accessed from the KCETLink Sites is independent from KCETLink, and KCETLink has no control over the content of that site. In addition, a link to any outside site does not imply that KCETLink endorses or accepts any responsibility for the content or use of such a site, and any reference on the KCETLink Sites to any third party or third party product or service should not be construed as an approval or endorsement by KCETLink of that third party or of any product or service provided by a third party.
13. Jurisdictional Issues
KCETLink makes no representation that information on the KCETLink Sites is appropriate or available for use outside the United States. Those who choose to access the KCETLink 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.
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY KCETLINK (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF KCETLINK.
14. Submissions to KCETLink and Affiliated Servers
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 them "confidential," "proprietary," or the like - and will not be returned; and (b) KCETLink does not assume any obligation of any kind to you or any third party with respect to your user content. Upon KCETLink'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 or any Additional Terms. You acknowledge that the 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.
In your communications with KCETLink, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the site are deemed user content and licensed to us as set forth below. In addition, KCETLink retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. KCETLink's receipt of your Unsolicited Ideas and Materials is not an admission by KCETLink of their novelty, priority, or originality, and it does not impair KCETLink's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
15. Dispute Resolution
Certain portions of this Section 15 are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and KCETLink agree that we intend that this Section 15 satisfies the "writing" requirement of the Federal Arbitration Act. This Section 15 can only be amended by mutual agreement.
A. First - Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your user content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, "Dispute"), or to any of KCETLink's actual or alleged intellectual property rights (an "Excluded Dispute", which includes those actions set forth in Section 15(D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 15(A). Your notice to us must be sent to: KCETLink, 2900 West Alameda Ave., Burbank, California 91505 (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, KCETLink and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or KCETLink to resolve the Dispute or Excluded Dispute on terms with respect to which you and KCETLink, in each of our sole discretion, are not comfortable.
B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 15 (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND KCETLINK (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT-- INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,--COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SITE. The Federal Arbitration Act ("FAA"), not state law, shall govern the arbitrability of all disputes between KCETLink and you regarding these Terms (and any Additional Terms) and the Site, including the "No Class Action Matters" Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. KCETLink and you agree, however, that State or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and KCETLink regarding these Terms and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to State's choice of law principles.
A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules ("Rules
") of the American Arbitration Association ("AAA
"), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. ("JAMS
") using JAMS' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of KCETLink consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in Los Angeles, California. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require KCETLink to pay a greater portion or all of such fees and costs in order for this Section 15 to be enforceable, then KCETLink will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the Site. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com
C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 15(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 15(A); (b) filing for arbitration with the AAA as set forth in Section 11(B); or (c) filing an action in state or Federal court.
D. Injunctive Relief. The foregoing provisions of this Section 15 will not apply to any legal action taken by KCETLink to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your user content and/or KCETLink's intellectual property rights (including such KCETLink may claim that may be in dispute), KCETLink's operations, and/or KCETLink's products or services.
E. No Class Action Matters. YOU AND KCETLINK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 15(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 15(F). Notwithstanding any other provision of this Section 15, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Federal and State Courts in Los Angeles County, California. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Los Angeles County, California. Accordingly, you and KCETLink consent to the exclusive personal jurisdiction and venue of such courts for such matters.
G. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
16. Updates to Terms
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF SERVICE AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Site (at least prior to each transaction or submission). The new terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the terms of service (and any applicable Additional Terms) that applied when you previously used the Site will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and your email address associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Site and related services.
17. General Provisions
A. KCETLink's Consent or Approval. As to any provision in these Terms or any Additional Terms that grants KCETLink a right of consent or approval, or permits KCETLink to exercise a right in its "sole discretion," KCETLink may exercise that right in its sole and absolute discretion. No KCETLink consent or approval may be deemed to have been granted by KCETLink without being in writing and signed by an officer of KCETLink.
B. Applicable Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions.
C. Indemnity. You agree to, and you hereby, defend, indemnify, and hold KCETLink 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 KCETLink 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 use of the Site and your activities in connection with the Site; (iii) your breach or alleged breach of these Terms or any Additional 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 Site or your activities in connection with the Site; (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) KCETLink 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 KCETLink Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, KCETLink Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. KCETLink Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a KCETLink Party.
D. Operation of Site; Availability of Products and Services; International Issues. KCETLink controls and operates the Site from its U.S.-based offices in the U.S.A., and KCETLink makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products, services, contests, sweepstakes and promotions that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site 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.
E. Export Controls. Software related to or made available by the Site may be subject to export controls of the U.S.A. No software from the Site may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce's Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) - (iii) above.
F. Severability; Interpretation. If any provision of these Terms, or any Additional 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 from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional 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. Wherever the word "including" is used in these Terms or any Additional Terms, the word will be deemed to mean "including, without limitation,".
G. 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 we are not obligated 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.
H. Investigations; Cooperation with Law Enforcement; Termination; Survival. KCETLink reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by KCETLink 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 any Additional Terms, and (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, 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 KCETLink under these Terms or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from KCETLink, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to KCETLink 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.
I. Assignment. KCETLink may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional 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 KCETLink.
J. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or KCETLink in exercising any of rights, powers, or remedies under 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 or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
K. U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Site provided in connection with these Terms has 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 is 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.
L. 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 Site, and you will be responsible for all charges related to them.
18. For Additional Information
If you have any questions about the Terms, please contact KCETLink's Legal Department in writing at the following addresses:
2900 West Alameda Ave.
Burbank, California 91505
Telephone Number: (747) 201-5282
2900 West Alameda Ave.
Burbank, California 91505
Telephone Number: (747) 201-5282