User Terms of Service Agreement
Justice Talking is produced by the Annenberg Public Policy Center at the
University of
Pennsylvania
and distributed to radio listeners by National Public Radio. While we always attempt to make the programs as accurate as possible, consistent with the highest standards of journalism,
Justice
Talking makes no warranty, either expressed or implied, regarding the
completeness, accuracy or currency of the information contained in the
radio program or on its website, nor its suitability for any particular
purpose.
This
site contains hypertext links to websites created for and controlled by
other organizations. These links are provided for your convenience and
are not intended as an endorsement by Justice Talking, the AnnenbergPublicPolicyCenter
, the
University of Pennsylvania
or NPR nor as a warranty of any information they contain.
1. ACCEPTANCE OF TERMS
Justice
Talking welcomes you to this online community, which is provided as a
service to you, subject to the following User Terms of Service ("TOS"). Use
of the Justice Talking web site constitutes consent to these terms and
conditions of service. In addition, when using the Justice Talking web
site, you will be subject to any policies, guidelines or rules that are
posted on the site. All such policies, guidelines and rules are hereby incorporated by reference into the TOS.
Justice Talking reserves the right to change these terms of service at any time without notice to you.
Any changes to this policy will be posted to this page as soon as reasonably possible, so please check this page periodically
.
You
further agree that, except as otherwise expressly provided in this TOS,
there shall be no third party beneficiaries to this Agreement.
2. DESCRIPTION OF SERVICE
Justice
Talking provides access to a rich collection of resources about the
radio program, educational resources and an online community of
contributors, who create content, read, edit, and share content with
other Justice Talking website users, and well as other new services
which from time to time may be added to the site. (the "Service"). In
addition the Service may also include certain communications from
Justice Talking, such as service announcements and administrative
messages.
By
using the Service, you understand and agree that the Service is
provided "AS-IS" and that Justice Talking assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to the Service and that access may involve third party
fees (such as Internet service provider or airtime charges). You are
responsible for those fees.
3. JUSTICE TALKING’S PRIVACY POLICY
Justice
Talking is concerned about the safety and privacy of all its users,
particularly children. For this reason, you must be at least 13 years
of age to access and view the Service.
If
you are under 13 years of age, please do not send any information about
yourself, including your name, address or e-mail address.
If
we discover that we have collected any personally-identifying
information from a child under the age of 13, we will remove that
information from our database as soon as possible.
If
you are between the ages of 13 and 18, you must obtain permission from
your parents or guardians before participating in the Talking Justice
Blogs and Discussion Forums, ordering Justice Talking CDs or transcripts, or otherwise sending any personally-identifying information.
At
Justice Talking, we recognize the importance of privacy to visitors of
our web site. This privacy policy explains what type of personal and
other information is collected from you when you visit our web site.
As a condition of using the Service, you agree to the terms of the Privacy Policy that is set forth here. Please
note that the policy may be changed from time to time but that by using
the service, you will be subject to any changes that are made.
Justice
Talking does not collect personally-identifying information from the
Justice Talking Web site unless you choose to provide that information
to us.
As
a general rule, all of the information collected by Justice Talking is
used for internal Justice Talking purposes only and is not distributed
to other outside parties. There are three exceptions to this:
1.
When a visitor orders products through the Justice Talking web site,
relevant information is provided to Justice Talking’s outside
fulfillment service for the sole purpose of delivering the requested
goods purchased from the Justice Talking online store.
2. Justice
Talking asks visitors to provide certain personal information when they
use certain features on the site. This information is gathered by
Justice Talking on a voluntary basis and its use by Justice Talking is
limited to editorial and feedback purposes, and Justice Talking’s
marketing and promotional purposes. For example, by
signing up for mailing lists, a visitor may receive an weekly e-mail
from Justice Talking describing our upcoming shows or other resources. At all times, users have the right to opt out of receiving additional communications from Justice Talking.
Note
that on occasion we will trade the names on these email lists with
other like minded organizations in order to offer you information which
we think you will like. In those circumstances
you will receive only one communication from that other group and will
have the option to continue to receive additional information from them.
3.
Any information that you post when participating in the Talking Justice
Blogs and Discussion Forums becomes public. Moreover, Justice Talking
reserves the right to read selected postings from the Talking Justice
Blogs and Discussion Forums on the air and to identify the person
posting the comment by name.
Like
all other Web servers, Justice Talking’s Web server automatically
creates log files for each visitor who accesses our site. These "access
logs" allow us to make our site more useful to our visitors. The access
logs do NOT record a visitor’s name, address, phone number, or any
other personally-identifying information. Rather, they contain some or
all of the following information:
1.
The Internet Protocol Address (IP Address) of the machine which accessed our Web site.
2.
The date of the visit.
3.
The time of the visit.
4.
The path taken through our Web site.
5.
The browser being used.
6.
A list of files downloaded or viewed from our Web site.
7.
The amount of time spent listening to RealAudio or Windows Media files.
8.
Any errors encountered.
Most
Internet Service Providers use a "dynamic" form of assigning IP
Addresses. This means that a visitor may have a different IP Address
each time he or she visits the Justice Talking web site. Also, many
Internet Service Providers, including America Online, use "Proxy
servers" which provide even more anonymity for visitors. For example,
all visitors accessing Justice Talking’s Web site through America
Online will be recorded in our access logs as having the same IP
Address.
4. CONTENT
All
information, data, text, software, music, sound, photographs, graphics,
video, comments, messages and/or other materials ("Content"), whether
publicly posted or privately transmitted via the Service, are the sole
responsibility of the person from which such Content originated. By
using the service, you understand and agree that you, and not Justice
Talking are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Justice
Talking does not control all of the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such
Content. By using the service, you understand
and agree that you may be exposed to Content that is offensive,
indecent or objectionable, or may receive comments, messages, or other
input that you consider to be offensive, indecent or objectionable.
Under no circumstances will Justice Talking, The Annenberg Public
Policy Center at the University of Pennsylvania nor NPR be liable in
any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
By
using the Service, you also understand and agree that Justice Talking
may or may not pre-screen Content, but that Justice Talking and its
designees shall have the right (but not the obligation) in their sole
discretion to pre-screen, refuse, move or remove any Content that is
available via the Service. Without limiting the foregoing, Justice
Talking and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you
may not rely on any Content created by Justice Talking or submitted to
Justice Talking, including without limitation information posted in all
parts of the Service.
You
acknowledge, consent and agree that Justice Talking may access,
preserve, and disclose your account information and Content if required
to do so by law or in a good faith belief that such access,
preservation, or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond to your
requests for customer service; or (e) protect the rights, property, or
personal safety of Justice Talking, its users and the public.
5. APPROPRIATE CONDUCT
By
using the Service, you understand and agree that you are responsible
for your own conduct and communications while using the Service and for
any consequences thereof. You agree to use the Service only to send and
receive messages and material that are legal and proper. By way of
example, and not as a limitation, you agree that when using the
Service, you will not:
-
defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
-
post any inappropriate, defamatory, infringing, obscene, libelous or unlawful Content;
-
post
any Content that infringes any patent, trademark, copyright, trade
secret or other proprietary right of any party (the "Rights"), unless
you are the owner of the Rights or have the permission of the owner to
post such Content;
-
post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements;
-
download any file posted by another user that you know, or reasonably should know cannot be legally distributed in such manner;
-
impersonate
another person or entity, or falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of
the origin or source of software or other material contained in a file
that is posted;
-
restrict or inhibit any other user from using and enjoying the Service;
-
use the Service for any illegal or unauthorized purpose including but not limited to distributing spam;
-
remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
-
interfere
with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
-
use
any robot, spider, site search/retrieval application, or other device
to retrieve or index any portion of the Service or collect information
about users for any unauthorized purpose;
-
submit
Content that falsely expresses or implies that such Content is
sponsored or endorsed by Justice Talking, the Annenberg Public Policy
Center, the University of
Pennsylvania
or NPR;
-
create Member accounts (see Section 6 below) by automated means or under false or fraudulent pretenses;
-
promote
or provide instructional information about illegal activities or
promote physical harm or injury against any group or individual;
-
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
-
engage
in "ad slamming" of any nature, including the repeated clicking on
advertisements to increase potential earnings to you as a publisher, to
increase potential costs to an advertiser, or for any reason other than
viewing an advertisements as a potential consumer.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
: Recognizing
the global nature of the Internet, international users agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, including laws regulating the export of data to the United
States
or your country of residence.
While Justice Talking, prohibits the conduct and Content described
above in connection with the Service, you understand and agree that you
nonetheless may be exposed to such conduct and/or Content and that you
use the Service at your own risk.
6. REGISTRATION
In
order to use certain aspects of the Service, you are required to
register and establish an online account with Justice Talking. We refer to registered users as users ("Users") and subject Users to the following specific terms:
a. In consideration of your use of the Service, you
represent that you are of legal age to form a binding contract and are
not a person barred from receiving services under the laws of the United
States
or other applicable jurisdiction. You also agree to: (i) provide true,
accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the
"Registration Data") and (ii) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or Justice Talking has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
Justice Talking maintains the right to suspend or terminate your
account and refuse your current or future use of the Service (or any
portion thereof).
b. You will receive a password and account designation
upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of your password and account, and
are fully responsible for all activities that occur under your password
or account. You agree to (i) immediately notify Justice Talking of any
unauthorized use of your password or account or any other breach of
security, and (ii) ensure that you exit from your account at the end of
each session. Justice Talking cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section.
c. Justice Talking does not claim ownership of Content you
submit or make available for inclusion on the Service. However, with
respect to such Content (including but not limited to articles,
comments, photos, graphics, audio, or video you submit or make
available), you grant Justice Talking a world-wide, royalty free,
perpetual, unlimited, and non-exclusive license(s) to use, distribute,
reproduce, modify, adapt, create derivative works, publicly perform and
publicly display such Content via the Service.
d. By using the Service you understand and agree that Justice Talking may, under certain circumstances and without prior notice,
immediately terminate your account, any associated email address, any
associated username, and/or access to the Service. Cause for such
termination shall include, but not be limited to, (i) breaches or
violations of the TOS or other incorporated agreements, guidelines,
policies or rules, (ii) requests by law enforcement or other government
agencies, (iii) unexpected technical or security issues or problems,
(iv) extended periods of inactivity and (v) your engagement in
fraudulent or illegal activities. Termination of your account includes
(a) removal of access to all offerings within the Service, (b) deletion
of your password, username and all related information, files and
Content associated with or inside your account (or any part thereof),
and (c) barring further use of the Service. Further, you agree that all
terminations for cause shall be made in Justice Talking’s sole
discretion and that Justice Talking shall not be liable to you or any
third-party for any termination of your account, any associated email
address, username or access to the Service.
e. You agree that your Justice Talking User account is non-transferable and any rights to your password,
username or account information or Content within your Member account
terminates upon your death. Upon receipt of a copy of a death
certificate, your Member account may be terminated and all Content
therein permanently deleted.
7. INDEMNITY
By
using the Service, you understand and agree to indemnify and hold
Justice Talking, the Annenberg Public Policy Center, the University of
Pennsylvania, and NPR and all of their subsidiaries, affiliates,
officers, directors, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service (including your
username) or Content you do not own, use of the Service or Content you
do not own, or access to the Service or Content you do not own, without
the express written consent of Justice Talking.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that Justice Talking may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that email messages, message board postings or
other uploaded Content will be retained by the Service, the
maximum size of any message board postings or other uploaded content on
the service, the maximum disk space that will be allotted on Justice
Talking’s servers on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the Service in a given
period of time. You agree that Justice Talking has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
Service. You acknowledge that Justice Talking reserves the right to log
off accounts and deactivate usernames that are inactive for an extended
period of time. You further acknowledge that Justice Talking reserves
the right to modify these general practices and limits from time to
time.
10. MODIFICATIONS TO SERVICE
Justice
Talking reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Justice Talking shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. LINKS
The
Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Justice Talking has no control
over such sites and resources, you acknowledge and agree that Justice
Talking is not responsible for the availability of such links, external
sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that Justice Talking shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, goods or
services available on or through any such links, site or resource, or
any failures and/or disruption to your computer system that results
from your use of any such links.
12. JUSTICE TALKING’S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is the property of Justice Talking and
its licensors and is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content presented to
you through the Service is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized by Justice Talking, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
Justice
Talking grants you a personal, non-transferable and non-exclusive right
and license to use the Service and Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other
than through the interface that is provided by Justice Talking for use
in accessing the Service.
Justice Talking and the Justice Talking logo are trademarks and service marks of the
University of
Pennsylvania
. Without prior permission of Justice Talking, you agree not to display
or use in any manner, the Justice Talking trademarks and service marks.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JUSTICE TALKING
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
JUSTICE TALKING MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM JUSTICE TALKING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT JUSTICE TALKING SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
JUSTICE TALKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
INCLUDING ADVERTISERS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
15. 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. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH
IN SECTIONS 13 AND 14 ABOVE MAY NOT APPLY TO YOU.
16. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The
Service is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing purposes.
Justice Talking and its licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions made
based on such information.
17. NOTICE
Justice Talking may provide you with notices by email, regular mail, or postings on the Service.
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Justice
Talking respects the intellectual property of others, and we ask our
users to do the same. Justice Talking may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of Users
and prohibit the use of the Service by certain users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please contact Justice Talking
immediately atkkolbert@asc.upenn.eduwith the following information:
1.
an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5.
a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright or other
intellectual property right owner, its agent, or the law; and
6.
a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf.
19. GENERAL INFORMATION
Entire Agreement.
The TOS constitutes the entire agreement between you and Justice Talking and
governs your use of the Service, superseding any prior agreements
between you and Justice Talking with respect to the Service. You also
may be subject to additional terms and conditions, posted policies,
guidelines or rules that may apply when you use or purchase certain
elements of the Service, affiliate or advertiser services, third-party
content, or third-party software.
Independent Contractors.
Nothing contained in the TOS shall be construed to constitute either
party as a partner, employee or agent of the other party, nor shall
either party hold itself out as such. Each party has no right or
authority to incur, assume or create, in writing or otherwise, any
warranty, liability or other obligation of any kind, express or
implied, in the name of or on behalf of the other party, it being
intended by both parties that each shall remain an independent
contractor responsible for its own actions.
Choice of Law and Forum.
The TOS and the relationship between you and Justice Talking shall be governed by the laws of the
Commonwealth of Pennsylvania
without regard to its conflict of law provisions. You and Justice
Talking agree to submit to the personal and exclusive jurisdiction of
the courts located within the county
of
Philadelphia
,
Pennsylvania
.
Waiver and Severability of Terms.
The failure of Justice Talking to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain
in full force and effect.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
Violations
. Please report any violations of the TOS to Justice Talking at kkolbert@asc.upenn.edu.
20. CONTACT INFORMATION
If you have any questions or comments concerning our terms of service, please contact us via e-mail at jt_info@justicetalking.org or by mail at:
Justice Talking
AnnenbergPublicPolicyCenter
University
of
Pennsylvania
3535
Market Street
Philadelphia, PA19104