Cascade Public Media (“CPM”) is the legal name for the organization that includes, KCTS Television (“KCTS 9”), Crosscut and What’s Good 206. These Terms of Use apply to the services offered through the Site (s) of each CPM entity. The Site may consist of each entity’s website, blogs, any social media channels such as Facebook, Twitter, Instagram and other communication facilities or interactive areas, designed to provide You with forums in which to express Your opinions and submit and share ideas, information, and materials, including, without limitation, data, text, files, links, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, music, Your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information (“Submission” or  “Submissions”).

CPM and Pacific Coast Public Television Association (PCPTA)1 (collectively “Our,” “Us” or “We”), welcome You to the Sites, which may be used by our donors, members, viewers and site visitors (collectively “You,” “Your” or “Yours”) subject to the conditions in these Terms of Use.  Please read them carefully. If You do not agree to these Terms of Use, please do not use any of Our Sites.  If You do use any of Our Sites, You accept the Terms of Use as a binding agreement.

RESERVATION OF RIGHTS

We reserve the right, at our discretion, to update or revise these Terms of Use. Please make sure to check periodically for any changes. These Terms of Use were last updated in April, 2017.

We reserve the right to remove, or to refuse to post, any Submission, in whole or in part, for any or no reason, including, but not limited to, any Submission that violates these Terms of Use or is otherwise objectionable, in our sole discretion.

We reserve the right, in Our sole discretion, to terminate Your access to all or part of any of Our Site(s), with or without notice.

 YOUR SUBMISSION AND OUR USAGE

You understand and agree that, by uploading a Submission to one of Our Sites You grant Us the unlimited, unrestricted right to display that Submission on the Site and share the Submission on social media channels, including but not limited to, Facebook, Twitter, Instagram and other communication facilities or interactive areas and to use it in broadcast programs and promotional, advertising and marketing materials at Our discretion. You further understand that You will not be compensated by Us for Our use of any Submission that You upload to one of Our Sites.

You are responsible for the Submissions You post on Our Site(s). You agree that you will not misrepresent Yourself, or impersonate any person or entity, when making a Submission.

You agree that You will not submit a Submission that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, or otherwise violates Our rules or policies or applicable law.  You also agree that You will not submit a Submission that Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

We do not control, and are not responsible for, and do not guarantee the accuracy, integrity or quality of, the Submissions made available through Our Site(s). By using them You may be exposed to Submissions that You may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using them, You agree to accept such risks and You agree that We are not responsible for the acts or omissions of users on this Site. We may now or in the future provide You with a mechanism to allow You to report any Submission You may find objectionable. But please understand that in so doing We do not guarantee that any such Submission will be removed, edited or deleted, and We are not responsible or liable for Our refusing or failing to remove, edit or delete a Submission You find objectionable. You agree that You must evaluate and bear all risks associated with Your use of and reliance on Our Site(s) and any of its Submissions. You also agree that under no circumstances will We be liable in any way for any Submission or for any loss or damage of any kind incurred as a result of the use of any Submission posted, emailed or otherwise made available via Our Site(s).

You acknowledge that the substance, views and opinions expressed in the Submissions are those of the author or submitting user solely and do not necessarily reflect Our views or opinions. You should make Your own evaluation of the content, views, and opinions expressed in the Submissions. We are not responsible for and do not endorse, guarantee, or warrant any content, views, or opinions referenced, posted or sent by the authors or submitting users through Our Site(s). In fact, We specifically disclaim any and all liability in connection therewith.

You understand that all Submissions You transmit to us and the Site(s) will be treated as non-confidential and non-proprietary. You acknowledge that any Submission is routed through Our servers and the Internet and that, therefore, You have no expectation of privacy with regard to any such Submission. You acknowledge that the Submissions and features on the Site are forums for public and not private communications. Please keep in mind that whenever You give out personal information online, through any media, including without limitation, a forum or blog, that information can be collected and used by people You do not know. We cannot guarantee the security of any information You disclose through any of these media; You make such disclosures at Your own risk. You understand that we may publish Your username in connection with any Submission. If You use Your legal name as Your username, then Your legal name may be published.

You agree that any Submissions You make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and Us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by Us, You agree not to enforce any such rights as to Us or Our licensees, distributors, agents, representatives and other authorized users.

Because of the volume, We may not post or use all Submissions that We receive.

THIRD-PARTY SITES

This site has links to other sites on the Internet. We have no control over these sites, and You acknowledge that We are not responsible for any content displayed or transactions that take place with such sites.

PROPRIETARY RIGHTS

You retain all of Your ownership rights in Your Submission. However, by submitting any Submissions to Us, you grant to Us  and to our sub licensees, an unrestricted, worldwide, royalty-free, transferable, sub-licensable, non-exclusive, perpetual, and irrevocable right and license, without the requirement of any permission from or payment (or other consideration) to You or to any other person or entity, to use, re-use, reproduce, transmit, print, publish, modify, edit, alter, create derivative works based upon, display, exhibit, publicly perform, distribute, re-distribute, host, store, cache, archive, index, categorize, comment on, broadcast, stream, adapt, and translate the Submissions and any ideas, concepts, know-how or techniques contained in or conveyed by the Submissions, in whole or in part, in any and all formats and channels now known or hereafter developed (including, without limitation, on Our Sites, on third-party  websites, in Our print publications, on Our broadcast stations, and on cable and satellite networks carrying Our broadcast programming and on Our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, documentary, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to You and with or without attribution services. In addition, You hereby grant Us and our sub-licensees the right, on an unrestricted, worldwide, royalty-free, non-exclusive, perpetual and irrevocable basis, to reproduce and use Your name, likeness, image and voice (together with all trademark rights therein) on or in connection with the use of the Submission and in any and all promotion or advertising material.

You acknowledge and agree We own the copyright, trademarks, service marks, and all other intellectual property rights in all content and materials We produce for Our Site(s). Except as expressly authorized by Us, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, You may print or download one copy of the materials or content on  one of Our Site(s) on any single computer for Your personal, non-commercial use, provided You keep all copyright and other proprietary notices intact. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

NOTICE OF COPYRIGHT INFRINGEMENT

If You are an owner of intellectual property who believes Your intellectual property has been improperly posted or distributed by Us, please notify Us through our feedback procedure or by sending a notice by U.S. Mail to Cascade Public Media, 401 Mercer Street, Seattle, WA 98109 Attn: Legal Affairs Manager. Your notice to Us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of the Site(s) where  the allegedly infringing material appears that will allow Us to locate the material; (4) a statement by You that You have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (5) a statement by You that the information in Your notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF  OUR SITE(S) IS AT YOUR SOLE RISK;
(b) ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH OUR SITES IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE;
(c) THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT;
(d) WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SITEs WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(e) WE ALSO DO NOT CLAIM THAT THE CONTENT IS FREE OF ANY VIRUS OR HARMFUL COMPONENT.

YOUR USE OF OUR SITES IS SOLELY AT YOUR RISK.

WE MAKE NO EXPRESS WARRANTIES WITH RESPECT TO:

(a) THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH OUR SITES;
(b) THAT ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS;
(c) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(d) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE; OR
(e) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OURSITES WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS RESULTING FROM:

(a) YOUR USE OR INABILITY TO USE OUR SITES;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM OUR SITES;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ONE OF OUR SITE(S); OR (d) INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL UNREST, FIRE, FLOOD, STORM, OTHER ACTS OF GOD; OR NON-PERFORMANCE BY THIRD PARTIES.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.

INDEMNIFICATION

You represent and warrant that You have the necessary rights in Your Submission to post it on one of Our Sites and that by doing so You are not violating the rights others may have in the Submission. You will defend, indemnify and hold us harmless from and against any and all claims, damages, costs, liabilities and expenses of any kind, including reasonable attorney’s fees, relating to or arising from the content of any Submission You post or from breach of any representation, warranty or agreement You make.

Upon Our request, You agree to defend, indemnify, and hold Us harmless from all liabilities, claims, and expenses, including reasonable attorney’s fees, that arise from Your use or misuse of one of Our Site(s). We reserve the right, at Our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which case You will cooperate with Us in asserting any available defenses.

CHOICE OF LAW AND FORUM

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or Your use of one of Our Site(s) site shall be filed only in the state or federal courts located in the State of Washington, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise stated herein, this agreement constitutes the entire agreement between You and Us with respect to use of one of Our Site(s) and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic). If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Last updated and effective as of April, 2017.

1. Pacific Coast Public Television Association represents KCTS 9 supporters in Canada,