Effective Date: March 6, 2023
Introduction; Consent to Terms
You may copy, download one copy on a single device, and print a limited amount of content on the ARPM Site, 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; and (c) you do not use the content in any way that is unlawful or harmful.
If you are a ARPM Site Partner, you may copy, download and use content and materials provided via the Partner Portal solely to promote your organization’s mission and/or for advocacy purposes in support of your organization’s public policy goals, provided that (a) you include without modification all copyright and other proprietary notices contained in the content and materials; (b) you do not modify the content or materials, except as permitted by ARPM; (c) you do not use the content in a manner that suggests that ARPM, NPR, NPR Member stations, or any of the ARPM Site Partners promote or endorse your, or any third party’s, causes, ideas, products, sites, applications, platforms, or services; (d) you do not use the content or materials in any way that is unlawful or harmful to any other person or entity; and (e) your use of the content and materials shall be in accordance with any and all further instructions and terms and conditions provided by ARPM.
To request permission for any other use of the ARPM Site content, material or services, please contact us.
User Materials and Partner Materials
Users of the ARPM Site may post, upload, transmit and/or otherwise submit (“Submit”) comments, messages, photos, images, and other content and materials (“User Materials”) on or through the social networking features, Contact page, Get Involved page, the Partners page, the Partner Portal, and other features and services of the ARPM Site. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by ARPM, NPR, NPR Member stations, and ARPM Site Partners.
You further acknowledge that in the case of User Materials Submitted through the Partner page, through the Partner Portal, as part of a request to become a ARPM Site Partner, or otherwise Submitted by a ARPM Site Partner or a party seeking to become a ARPM Site Partner (“Partner Materials”), such Partner Materials may be viewed on the ARPM Site by the general public. You acknowledge that the ARPM Site, including the social networking features, discussions, Contact Us page and other features of the ARPM Site, is for public and not private communications.
If we have questions about your User Materials and Partner Materials, we have the right, but not the duty, to contact you for further information.
APRM reserves the right to screen, refuse to post, remove or edit User Materials and Partner Materials.
You retain the copyright and other ownership rights in any User Materials and Partner Materials that you Submit on or through the ARPM Site. However, by Submitting Partner Materials on or through the ARPM Site, you hereby grant ARPM, NPR, NPR Member stations, other ARPM Site Partners, and their respective subsidiaries and affiliates, a non-exclusive, perpetual, royalty-free worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display (including framing), create derivative works of, host, index, cache, tag, encode, and/or adapt your Partner Materials in connection with the promotional and advocacy purposes of ARPM, in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the ARPM Site, NPR.org and NPR sites, applications, platforms and services, NPR Member stations sites, applications and services, ARPM Site Partners sites, applications, platforms and services, and other sites, applications, platforms and services, without payment and without further notice to you or request for consent. You further grant ARPM, NPR, NPR Member stations, and ARPM Site Partners, and their respective subsidiaries and affiliates, the right to contact you in connection with your User Materials and Partner Materials and to use your name, organization name, city and state, and other information that you have provided in connection with the authorized use of the Partner Materials.
For any User Materials and Partner Materials you Submit on or through the ARPM Site, you agree to abide by the following rules for Submitting User Materials through the ARPM Site.
● You may not Submit any User Materials under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.
● You may not Submit any User Materials or links to material that is 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 constitutes hate speech or a personal attack.
● You may not Submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the APRM Site for political campaigning.
Links to the ARPM Site
ARPM is committed to serving public radio. ARPM encourages and permits links to content on the ARPM Site, however, the use the ARPM Site content for inappropriate commercial purposes or in any way that is unlawful or harmful. We reserve the right to withdraw permission for any link.
Links to Third Party Sites, Applications, Platforms and Services
The ARPM Site may contain links to sites, applications, platforms and services maintained by third parties, over which ARPM has no control. ARPM does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and ARPM 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, applications, platforms and services. ARPM 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, products, or services available on or through such third party sites, applications, platforms and services.
The ARPM Site may include certain embedded tools 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.
To participate in certain ARPM Site activities, you must register and establish a password. You are solely responsible for all activities that occur using your registration or password. You must maintain the confidentiality of your password, and you agree to immediately notify ARPM of any unauthorized use of your account or password.
Rules for Use of the ARPM Site
By using the ARPM Site, including Submitting User Materials or Partner Materials through the ARPM Site, you agree to the following rules:
- You may not submit any software or other material 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 the ARPM Site, ARPM, NPR, NPR Member stations, ARPM Site Partners, or users of the ARPM Site. You may not use the ARPM Site to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or email addresses for the purpose of sending unsolicited email or other communications to other users of the ARPM Site.
- You may not interfere with or disrupt the integrity or performance of the ARPM Site, any portion or contents thereof, or related systems or networks, or use the ARPM Site in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition, you may not attempt to gain unauthorized access to the ARPM Site or related systems or networks.
You agree that you will indemnify and hold harmless the ARPM, NPR, NPR Member stations, and the ARPM Site Partners, and their respective directors, officers, employees, members, subsidiaries and affiliates from any and all claims, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from: (1) your breach of any of the above representations and warranties; (2) your use of the ARPM Site; (3) the User Materials and Partner Materials you have Submitted on or through the ARPM Site; or (4) ARPM’s authorized publication, distribution, or use of such User Materials and Partner Materials, or the authorized publication, distribution or use of such User Materials and Partner Materials by NPR, NPR Member stations, or ARPM Site Partners.
THE ARPM SITE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE ARPM SITE ARE AVAILABLE ON AN “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY ARPM. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. ARPM DOES NOT WARRANT THAT THE ARPM SITE, INCLUDING WITHOUT LIMITATION THE ARPM CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, UNINTERRUPTED OR ERROR-FREE. ARPM DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ARPM SITE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE ARPM SITE OR THROUGH LINKS ON THE ARPM SITE. ARPM MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF ARPM SHALL CREATE ANY WARRANTY. USE OF THE ARPM SITE IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL ARPM, NPR, NPR MEMBER STATIONS, ANY OF THE ARPM SITE PARTNERS, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SUBSIDIARIES, OR AFFILIATES BE LIABLE: (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ARPM SITE; (B) RELATING TO ANY CONTENT, SERVICES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE ARPM SITE OR TO ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIAL, (C) FOR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR (D) IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN NO EVENT WILL ARPM, NPR, NPR MEMBER STATIONS, ANY OF THE ARPM SITE PARTNERS, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN, DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS CLAIMS OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM ARPM’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARPM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.
Data Use Charges
If you use the ARPM Site on your mobile device, please check your wireless plan, because carrier data use charges or other fees may apply. You agree that you are solely responsible for any costs you incur to access the ARPM Site, including any excess data charges. You should keep in mind that the use of the ARPM Site on your mobile device to send content to another person may result in wireless charges to both the sender and the receiver.
Right to Change the ARPM Site
ARPM reserves the right to change, terminate or suspend the ARPM Site or any features, content or materials contained on the ARPM Site, in any way, at any time, and for any reason. ARPM also has the right to require you to cease accessing any features, content, or materials of the ARPM Site.
Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent
ARPM 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 ARPM Site, please provide the following information in writing to the ARPM’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed;
- 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;
- information so that we can contact you, such as address, telephone number, and email address;
- 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;
- 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 ARPM Site that were subsequently removed from the ARPM Site were improperly removed or disabled, or to which access was disabled, please provide the following Counter-Notification to APRM’s Copyright Agent (see 17 U.S.C. § 512(g) for further detail):
- your physical or electronic signature;
- 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;
- 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 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.
ARPM’s Copyright Agent can be reached as follows:
Alliance of Rural Public Media
1111 North Capitol Street, NE
Washington, DC 20002
Phone: (202) 513-2040
Fax: (202) 513-3021
Email: [email protected]
Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the ARPM Site, please contact us through our Contact page.
Users Outside the United States
The ARPM Site is controlled and operated within the United States and is not directed to users outside the United States. ARPM makes no representation that content, materials, or products available on or through the ARPM Site are appropriate or available for use outside of the United States. If you access the ARPM Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.