Terms of Use

1. Introduction and General Rules

Please read these Terms of Use before using pbssocal.org, koce.org, pbssocal.com, koce.com, or any of the related or affiliated websites, mobile sites and related applications (“Site”), or any of the related services, features, functionality and content of these sites, including but not limited to, podcasts, live content feeds and on-demand streams, software and other related downloads, the Site’s social networking applications, forums and blogs (“Content”). These Terms of Use and the PBS SoCal Privacy Policy, govern your use of the Site. By using the services, You agree to abide by and will comply with these terms herein, PBS SoCal’s Privacy Policy and any modifications thereto that are then posted. Please check these Terms of Use for modifications. These Terms of Use constitute a written agreement regarding your use of the Site that affects your legal rights and obligations.

2. Ownership

The Site (including modifications) and the Content are owned and controlled by PBS SoCal, its licensors and/or various third parties and all right, title and interest in and to the Content available through the Site. The Site is protected by U.S. and international copyright, trademark, patent or other intellectual property rights and laws to the fullest extent possible. The contents of the PBS SoCal website, including podcasts, content feeds, and other features of the PBS SoCal websites as well as the selection, arrangement, assembly, compilation and/or enhancement of the Content and any modifications, are owned by or licensed to PBS SoCal.

3. General Restrictions on Use

Do not use this Site if You do not agree with these Terms of Use and the PBS SoCal Privacy Policy. You must be at least Eighteen (18) years of age, be an emancipated minor, or, if over the age of Thirteen (13), have the permission of your parent(s) or legal guardian(s), to register for various features of the Site; to upload any User Content such as any personally-identifying information on or passed through the Site; Participate in online contests (unless otherwise noted in the contest rules) or promotions, completing a survey, subscribing to a newsletter; and/or place an order for merchandise on the Site and/or make a donation. If You are under Thirteen (13) years of age, please do not send any personal/ private information about yourself, including your name, address or email address, etc. If You are under the age of majority in your state or jurisdiction of residence, You may only use this Site with the involvement of a parent or guardian who takes responsibility for your use and agrees to the Terms of Use and Privacy Policy. If we find that we have collected any personally-identifying information from a child under the age of Thirteen (13), we will remove that information from our database(s) as soon as possible.

In regard to the Site, You may not copy, alter, reproduce, create derivative works, remove, republish, post, publicly perform, publicly display, distribute, modify, broadcast, download, transmit, license or commercially exploit, in whole or in part, except as expressly permitted by PBS SoCal herein or by the respective Content owner as applicable and as permitted in any required end user license agreement if any provided that You include without any modification or alteration all copyright and other propriety notices contained in the Content.

You may not collect or otherwise obtain any personally identifiable information from the Site or any Content available on the Site for any advertising, promotion or solicitation purposes, regardless of whether or not this is for commercial or non-profit purposes.

You may not disable, circumvent or otherwise interfere with security features of the Services, Site or other features that prevent or restrict use or copying of any Content. You further agree not to reverse engineer or jeopardize the functionality of the Site or attempt to gain access to any secured segments of the Site without permission.

You may not use the Site to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, and/or soliciting support for legislative or other related initiatives.

PBS SoCal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to the user generated content that is provided by users, including text, photos, videos or other materials and/or content (“User Content”) that You may be exposed to on the Site. PBS SoCal expects all users to adhere to our terms and content policies. Please be aware that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and acknowledge and agree that PBS SoCal is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to the User Content. You also agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against PBS SoCal and its affiliates with respect thereto, and agree to defend, indemnify and hold PBS SoCal and its affiliates, and/or licensors, and their respective trustees, directors and employees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

PBS SoCal reserves the right to screen, refuse to post, remove or edit User Content at any time and for any or for no reason in its absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Content, there may be a delay in the posting of such content to allow for a review process.

The Site may contain interactive areas such as comment sections, discussion forums, blogs, bulletin boards or other interactive sections (“Interactive Sections”) that contain User Content. You are solely responsible for your use of any Interactive Sections and your use of them is at your own risk. PBS SoCal does not guarantee confidentiality with respect to any User Content. You acknowledge that User Content may be passed through our servers, the Internet, various servers of one or more third parties on our behalf, and may be viewed by PBS SoCal and/or others through the Internet. You acknowledge that the Site, including any Services, Content, features or other materials are for public and not private communications.

You are solely responsible for the User Content that You provide and any consequences of PBS SoCal posting, publishing or otherwise distributing them. By submitting your User Content to the Site, You affirm, represent, and/or warrant that: (i) the User Content is your own original work and/or You own or have the necessary rights to distribute and use the User Content on the Site and in the manner contemplated by the Services and these Terms of Use; (ii) You own or have the necessary licenses, rights, consents and permissions for the User Content to be uploaded, used and/or authorized and to use all patent, trademark, trade secret, copyright or other intellectual property rights, including privacy and publicity rights, in and to any and all User Content to provide posting inclusion, distribution and other use of the User Content on the Site in accordance with these Terms of Use; (iii) You have the written consent, release, and/or permission of each and every individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution and use of the User Content in the manner contemplated by the Services and these terms; (iv) the User Content does not violate or infringe upon the rights of any person or entity; (v) the User Content does not violate any laws, rules or regulations; (vi) the User Content is not an endorsement, express or implied, of any party, product or other entity; (vii) the User Content is not in any way abusive, derogatory, defamatory, invasive of privacy or publicity rights, harmful to children, vulgar, profane, lewd, obscene, offensive, pornographic, threatening, harassing, violent, racist or hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability; and (viii) You have not received payment or consideration of any kind for submitting the User Content to PBS SoCal for posting on the Site or otherwise.

If we have questions about your User Content, we have the right, but not the duty, to contact You for further information, including, for example, to verify that You own the copyright or otherwise have the rights to post the User Content.

Unless You obtain a separate written agreement with PBS SoCal, PBS SoCal does not claim ownership in User Content that You submit, however, by submitting User Content to PBS SoCal, You hereby waive any and all moral rights in connection with the User Content and You grant PBS SoCal and its licensees, a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, sub-license, modify, create derivative works of (including without limitation, to rename, edit, modify, reconfigure reshape and use the User Content or portions thereof), publish, transfer, transmit, publicly display, publicly perform, host, index, cache, tag, encode, and/or adapt the User Content in any and all media formats and distribution channels, including, but not limited to, the Services (including any promotion thereof), third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice. You further grant PBS SoCal and its licensees the right to contact You in connection with your User Content and to use your name, geographic location and other information that You have provided with the User Content.

You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, create derivative works of, publish, transfer, transmit, publicly display and publicly perform such User Content (in whole or in part) as permitted through the Site and under these terms.

You further agree that your will not upload content or distribute anything that may be harmful to minors or that violates these terms. By uploading any User Content, You are consenting to its display throughout the Site and for related promotional purposes.

You acknowledge PBS SoCal has no obligation to, and does not in the normal course of business, monitor or control any User Content that You post on the Site and that PBS SoCal reserves the right to review refuse to post, remove, screen or edit User Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to review and screen User Content, there may be a delay in the posting of such User Content. If we have questions/concerns about your User Content, we have the right, but not the duty, to contact You for further information.

PBS SoCal does not endorse any User Content, or any opinions, recommendation or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. Opinions on the Site are not to be construed as assertions of fact.

PBS SoCal reserves its right to change or discontinue temporarily or permanently any Content, or related services available through the Site at any time without notice. PBS SoCal will not be liable to You or any third party for any modification or discontinuance of the services therein.

PBS SoCal may, at any time, terminate your access to the Site for uploading material in violation of these Terms of Use, at any time, without prior notice and in its sole discretion.

PBS SoCal does not allow for the infringement of intellectual property rights, including copyrights, trademarks or patents, etc. on its Site, and PBS SoCal will remove Content (including User Content) if properly notified that such Content infringes on another’s intellectual property rights. PBS SoCal reserves the right to remove Content (including User Content) without prior notice.

4. Intellectual Property

4.1 Trademarks. All trademarks, service marks, design marks, logos, positioning statements and trade names are proprietary to PBS SoCal or of the respective owner. All rights are reserved by the respective owners. You may not use any PBS SoCal provided service marks, logos or graphics, without PBS SoCal’s prior written consent, except that You have the right and obligation, to use any PBS SoCal or other content provider service mark or logo included in, or required to be used in connection with, Content or other portion or capability of the Site, subject to the requirements set forth in these Terms of Use of the Content.

4.2 Copyrights. All rights, including any intellectual property rights therein, and to this Site, Content and associated materials are owned by or licensed to PBS SoCal, or otherwise used by PBS SoCal as permitted by applicable law or agreement. In the case of User Content, the contents are licensed to PBS SoCal by the user as provided for herein.

If You are a copyright owner or an agent of a copyright owner and believe that any Content on the Site infringes upon your copyrights, You may submit a notification to PBS SoCal’s Designated Agent pursuant to the Digital Millennium Copyright Act (“DMCA”) section 17 USC 512 (c) (3). All notifications of claimed copyright infringement should be forwarded to our Designated Copyright Agent at: Jennifer Vides at Jennifer Vides (jvides@pbssocal.org).

According to Section 512 (c)(3)(a), any copyright infringement notification must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed 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 reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has 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
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If You fail to comply with all of the above requirements, You acknowledge that your notice may not be valid pursuant to DMCA requirements. 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.

Your name, address, and telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for Los Angeles, California for the resolution of any copyright or other claims arising out of your use of the Site or under the Terms, and a statement that You accept service of process from the person who provided notification of the alleged infringement.

5. Links to Third Party Sites and Other Services

PBS SoCal Services contain links to other Internet sites, applications and services maintained by third Parties, over which PBS SoCal has no control. PBS SoCal does not endorse the content, operators, products or services of such sites, and PBS SoCal is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such third party sites. You further acknowledge and agree that PBS SoCal shall not have any liability whether direct or indirect or otherwise, 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 site or resource. Services may also include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. Any third party services are unrelated to PBS SoCal and that your use of the third party services is subject to the terms and policies of those specific services.

6. User’s Obligations.

In connection with the Terms of Use of the Services, You shall abide by all applicable federal, state and local laws, including, but not limited to the laws regarding those such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Laws”). The Content may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials.

7. Prohibition Against Outside Programming

You shall not post, transmit or make available in any way through the Site any software or other materials which contain a computer virus, trojan horse, worm or other outside programming. PBS SoCal has no obligation to detect the presence of any such software or programming (“Rogue Programming”). Any downloading of software or other materials or any other use of the information on the Site is at your risk. Adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

8. Online Communications.

Please note that any online communications may not be fully confidential. Some personnel of PBS SoCal may, in the course of their regular duties, have access to communications for technical or operational purposes. PBS SoCal may have access to such communications and may need to disclose any communications to the extent permitted or required by law.

9. Disclaimer of Warranties

THIS SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. PBS SOCAL DOES NOT WARRANT THAT ANY CONTENT IS COMPLETE OR ACCURATE, THAT THE PBS SOCAL SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND/OR THAT ANY CONTENT IS FREE OF ERROR, BUGS OR MALICIOUS OR ROGUE SOFTWARE. NO ADVICE OR CONTENT OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SITE AND IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, 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.

10. Release and Indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST PBS SOCAL AND/OR ANY OTHER PBS MEMBER STATIONS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE PBS SOCAL SITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, PBS SOCAL FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE PBS SOCAL WEBSITE OR FAILURE TO ABIDE BY APPLICABLE LAW.

11. Limitation of Damages

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PBS SOCAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE PBS SOCAL SITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON CONTENT AVAILABLEON THE PBS SOCAL WEBSITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, DISCLOSURE OF COMMUNICATIONS OR ANY OTHER FAILURE OF PERFORMANCE.

12. Modifications

The terms listed within the Site may be modified by PBS SoCal from time-to-time without notice. Continuing to use the Site after a modification has been made will indicate your acceptance of the revisions made. You should refer back to the Site for future updates and modifications.

13. Privacy Policy

Please also make sure to read PBS SoCal’s Online Privacy Policy located of the Site to understand the additional Terms of Use that apply to your use of the Site.

14. Use of Third Party Content

Third party text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these materials or information nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of this material or information found on the Site. PBS SoCal will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from the foregoing.

15. General Information

These Terms of Use and the PBS SoCal Online Privacy Policy constitute the entire agreement between You and PBS SoCal and govern your use of the Site, superseding any prior version of these Terms of Use between You and PBS SoCal with respect to the Site.

You and PBS SoCal each agree that the Terms of Use and the relationship between the Parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Use, or the relationship between You and PBS SoCal, shall be brought exclusively in the courts located in the county of Los Angeles, California. You and PBS SoCal agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California and agree to waive any and all objections to the exercise of jurisdiction over the Parties by such courts and to venue in such courts.

If You have any questions about the PBS SoCal Terms of Use, please contact PBS SoCal.