Terms of Use

Terms of Use Agreement

Updated May 25, 2018

See related: NPM Privacy Policy

Introduction; Consent to Terms

Please read this National Public Media LLC (“NPM,” “we,” or “us”) Terms of Use Agreement (“Terms of Use”) before using nationalpublicmedia.com or any of its features and services, including NPM Creative and the Self-Serve Sponsorship Portal/Book A Campaign feature (“Self-Serve Sponsorship Portal”), or any other sites, features or services provided by NPM that link to or refer to the Terms of Use (collectively, the “NPM Services” or “our Services”).

By using any of the NPM Services, you agree to be bound by the Terms of Use and the NPM Privacy Policy. NOTICE TO EU RESIDENTS:  Our handling of information about EU residents is governed by the NPM Privacy Notice for EU Residents.  The NPM Privacy Policy does not apply to EU residents.  EU residents should read any references to the “NPM Privacy Policy” or “the Privacy Policy” in the Terms of Use as if those terms were replaced by “the NPM Privacy Notice for EU Residents.”   

If you do not agree to the Terms of Use and the NPM Privacy Policy, please exit the NPM Services and do not use any of the NPM Services. We reserve the right, at our discretion, to modify the Terms of Use or the NPM Privacy Policy at any time by posting updated Terms of Use or an updated NPM Privacy Policy on the NPM Services. Please check the Terms of Use and the NPM Privacy Policy frequently for updates. Any modifications to the Terms of Use or the NPM Privacy Policy will be effective immediately upon posting, unless otherwise indicated. Your continued use of any of the NPM Services following the posting of updated Terms of Use, an updated NPM Privacy Policy will mean that you agree to those changes.

The Terms of Use and the NPM Privacy Policy do not govern and are separate and distinct from the terms of use and privacy policies governing the sites and services of NPM’s members (National Public Radio, Inc. (“NPR”), Public Broadcasting Service (“PBS”), and WGBH, Inc. (“WGBH”)), NPM’s public media station customers (consisting of those NPR and PBS stations that use NPM for sponsorship sales services), and the sites and services of third parties that may link to or be linked to from the NPM Services.

Copyrights

The contents of the NPM Services are protected by U.S. and international copyright laws. The contents of the NPR Services are owned by or licensed to NPM, NPM’s members, NPM’s public media station customers, and other content providers. You may not copy, reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the NPM Services without the prior written consent of NPM, except as provided in the Terms of Use or as otherwise agreed in writing between you and NPM. All rights not expressly granted in the Terms of Use are reserved to NPM or the respective copyright owners.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests NPM, NPM’s members, or NPM’s public media station customers promote or endorse your, or any third party’s, causes, ideas, products, sites, applications, platforms or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity.   You may use the other features and services of the NPM Services only as expressly permitted in the Terms of Use.  To request permission for any other use of NPM content or the NPM Services, contact us.

Trademarks

National Public Media, NPM, NPM’s logos, National Public Radio, NPR, Public Broadcasting Service, PBS, WGBH, NPM members’ logos, NPM members’ program and application names and logos, NPM public media station customer names and logos, NPM members’ program and application names and logos, and other trademarks and service marks (“marks”) that are used in connection with the NPM Services are marks of NPM, NPM’s members, NPM’s public media station customers, and other NPM content providers.   All rights in these marks are reserved by their respective owners. You may not use any NPM-provided marks or other logos or graphics without NPM’s prior written consent.

Framing

NPM does not allow users to frame or utilize framing techniques to enclose any portion of the NPM Services (including images, text, page layout or form) with information from another third-party site, application, platform or service. 

Links to and from Third Party Sites and Services

The NPM Services contain links to other sites, applications, platforms and services operated by third parties, over which NPM has no control. Users also may access the NPM Services from or through third-party sites, applications, platforms or services operated by third parties, over which NPM has no control.  NPM does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and NPM is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services. NPM will 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, products, services or other materials available on or through such sites, applications, platforms and services.

The NPM Services may include certain embedded tools or services provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third-party tools if you agree to their respective terms and policies.  For example, if you book a campaign through our Self-Serve Sponsorship Portal, you will be subject to the terms and conditions and privacy policy of buysellads.com. 

Mobile Services; High Data Usage Warning

If you use the NPM Services on your mobile device, please check your wireless plan, because carrier data use charges or other fees may apply. You acknowledge that streaming media can result in high data usage and may lead to excess data charges. You must provide at your own expense the equipment and connections needed for you to use the NPM Services on your mobile device, and you agree that you are solely responsible for any costs you incur to access the NPM Services on your mobile device, including any excess data charges.

User Materials; Rules for Use of NPM Services

Users of the NPM Services may submit, upload, or otherwise send (“Submit”) creative materials, company logos, text, images, links and other content and other materials (“User Materials”) on or through the NPM Services, including on or through the Self-Serve Sponsorship Portal/Book a Campaign feature (the “Self-Serve Sponsorship Portal”), the Contact page, or an email to contact us. You acknowledge that User Materials you Submit may be routed through our servers, the servers of one or more third parties, and the Internet, may be viewed by the staff of NPM, NPM’s members and NPM’s public media station customers, and, if accepted, may be viewed by the general public on the NPM Services, or the sites, applications, platforms or services of NPM’s members or NPM’s public media station customers.

NPM, NPM’s members, and NPM’s public media station customers reserve the right not to use User Materials that you Submit at any time and for any reason in our sole discretion. If we have questions about your User Materials, we have the right to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to Submit the User Materials and for the User Materials to be used in a campaign.

You retain the copyright and other ownership rights in any User Materials that you Submit on or through the NPM Services. However, by Submitting User Materials on or through the NPM Services, you grant NPM, NPM’s members, NPM’s public media station customers and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats, channels or platforms, whether now known or hereafter devised, including the NPM Services, and NPM Member and NPM public media station customer sites and services, and through other sites and services, in connection with or relating to your campaign, for internal purposes, and for related marketing, sponsorship and other communication purposes, without payment and without further notice to you or request for consent. You further grant NPM, NPM’s members, and NPM’s public media station customers the right to contact you in connection with your User Materials and to use your name, company name, city and state and other information that you have provided in connection with your User Materials.

The Submission of User Materials through the Self-Serve Sponsorship Portal is also subject to the separate terms and conditions and privacy policy of our service provider, buysellads.com.  NPM is not responsible for the services or privacy practices of buysellads.com and we recommend that you review and familiarize yourself with the buysellads.com terms and conditions and privacy policy before you Submit User Materials or book a campaign through the NPM Services.

By using the NPM Services or Submitting any User Materials on or through the NPM Services, you agree to abide by the following rules for use of the NPM Services, in addition to the warranties, indemnification obligations and other provisions of the Terms of Use and NPM Privacy Policy:

  1. You must be at least eighteen (18) years of age to book a campaign or Submit any User Materials, contact information or other information through the NPM Services. If you are between the ages of 13 and 18, you may browse the NPM Services with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials, contact information or other information. If you are under 13 years of age, or if you are an EU resident under 16 years of age, please do not send any information about yourself, including your name, address, or email address. If we discover that we have collected any personally-identifying information from a child under 13, or from an EU resident under 16, we will remove that information from our database as soon as possible.
  2. You may not submit any User Materials through the NPM Services that are libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitute hate speech or a personal attack.
  3. You may not submit any User Materials which contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of NPM, NPM’s members, or NPM’s public media station customers. You may not use the NPM Services to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws.
  4. You may not interfere with or disrupt the integrity or performance of the NPM Services, any portion or contents thereof, or related systems or networks, or use the NPM Services in any way which degrades its reliability, speed, or operation. In addition you may not attempt to gain unauthorized access to the NPM Services or related systems or networks.
  5. In the event a placement or service available on or through the NPM Services is listed at an incorrect price or with incorrect information, NPM, NPM’s members, and NPM’s public media station customers will have the right to refuse or cancel any orders placed for a placement or service listed at the incorrect price. Your receipt of an electronic or other form of order confirmation neither signifies NPM’s acceptance of your order, nor constitutes confirmation of NPM’s, NPM’s member, or NPM’s public media station customers offer to sell. NPM reserves the right at any time after receipt of your order to accept or decline your order for any reason. NPM may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales or other taxes, on orders shipped to you.
  6. By using the NPM Services, you agree to abide by these rules.

Termination

You acknowledge that NPM has the right to limit or terminate your, or any other person’s, access to the NPM Services for any reason, in its sole discretion, including violation of the Terms of Use.

Representations and Warranties; Indemnification

You represent and warrant that your use of the NPM Services complies with the Terms of Use.  You agree that you will indemnify, defend and hold harmless NPM, NPM’s Members, NPM’s public radio station customers, and their respective directors, officers, and employees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of the above representations and warranties in the Terms of Use, (2) your violation of the Terms of Use, including the rules for use of the NPM Services, or (3) your use of the NPM Services.  This provision does not require you to indemnify NPM, NPM’s members, NPM’s public media station customers, or their respective directors, officers or employees for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the NPM Services.

Disclaimer

THE NPM SERVICES AND ANY CONTENT, MATERIALS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE NPM SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE . NPM DOES NOT WARRANT THAT THE NPM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NPM DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NPM SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, MATERIALS, FEATURES OR SERVICES, AVAILABLE ON OR THROUGH THE NPM SERVICES OR THROUGH LINKS ON THE NPM SERVICES. USE OF THE NPM SERVICES IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT WILL NPM, NPM’S MEMBERS, NPM’S  PUBLIC MEDIA STATION CUSTOMERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE NPM SERVICES, (B) RELATING TO ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE NPM SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL NPM, NPM’S MEMBERS, NPM’S PUBLIC MEDIA STATION CUSTOMERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. The foregoing limitations of liability will not apply to liability of NPM, NPM’s members, NPM’s public media station customers, or their respective directors, officers, or employees for (a) death or personal injury caused by the negligence of such party, or (b) any injury caused by such party’s fraud or fraudulent misrepresentation arising out of or related to the NPM Services. 

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

NPM respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the NPM Services, please provide the following information in writing to NPM’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material;
  4. information so that we can contact you, such as address, telephone number and email address;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to the NPM Services, that were subsequently removed from the NPM Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to NPM’s Copyright Agent (see 17 U.S.C. § 512(g) for further detail):

  1. your physical or electronic signature;
  2. a description of the materials that have 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;
  3. 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; and
  4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

NPM’s Copyright Agent can be reached as follows:

Michelle Shanahan
Copyright Agent
National Public Media LLC
1111 N. Capitol Street, NE
Washington, DC 20002
Phone: 202-513-2040
Fax: 202-513-3021
Email: ogcstaff@npr.org

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the NPM Services, please contact us

Users Outside the United States

The NPM Services are controlled and operated within the United States. NPR makes no representation that content, materials, products or services available on or through the NPM Services are appropriate or available for use outside of the United States. If you access the NPM Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content.

No Unauthorized Export

You may not use or otherwise export or re-export any of the NPM Services except as authorized by United States law and the laws of the jurisdiction in which the NPM Services were obtained. In particular, but without limitation, the NPM Services may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the NPM Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the NPM Services for any purposes prohibited by United States law.

Right to Change NPM Services

NPM reserves the right to change, suspend or terminate the NPM Services, any features or services of the NPM Services, and any content or materials contained on the NPM Services, in any way, at any time and for any reason. NPM also has the right to require you to cease accessing any features, services, content, or materials of the NPM Services.

Miscellaneous

The Terms of Use, together with the NPM Privacy Policy, represent the entire understanding between you and NPM regarding the use of the NPM Services and, unless you and NPM have otherwise agreed in writing, supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the NPM Services. The Terms of Use are separate and distinct from the terms of use governing the sites and services of NPM’s members and NPM’s public media station customers, and the sites and services that may link to or link from the NPM Services. The Terms of Use are governed by and construed under District of Columbia law, without regard to its choice of law rules, and, where applicable, the laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from the Terms of Use. To the extent permissible by law, any dispute or claim under the Terms of Use or relating to the NPM Services will be litigated in the local or Federal courts located in the District of Columbia, and by using any NPM Services you consent to personal jurisdiction and venue in the District of Columbia. A modification or waiver of a part of the Terms of Use will not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any portion of the Terms of Use is found unenforceable, that portion will be enforced in a manner to reflect, as nearly as possible, the original intent of the parties, and the remaining portions will remain in full force and effect.

Questions

If you have any questions about the Terms of Use, please contact us.