Terms of Service

Please read these Terms of Service before using LehighValleyPublicMedia.org or any of Lehigh Valley Public Media’s other sites, applications, platforms, or services (collectively, the “Lehigh Valley Public Media Services”). By using any of Lehigh Valley Public Media Services, you agree to be bound by these Terms of Service and acknowledge that Lehigh Valley Public Media’s Privacy Policy describes how we and others may collect and use information when you use Lehigh Valley Public Media Services. To request permission for any other use of Lehigh Valley Public Media content or Lehigh Valley Public Media Services, contact us at privacy@Lehigh Valley Public Media.

We may modify, add, or delete portions of these Terms of Service at any time by notifying you of the change in writing (including by email or by posting the modified Terms of Service on Lehigh Valley Public Media Services and updating the date above). Please check these Terms of Service and the Privacy Policy frequently for updates. Your continued use of any of Lehigh Valley Public Media Services following the posting of updated Terms of Service means that you agree to those changes.

Please note that these Terms of Service are separate and distinct from the terms of service and privacy policies governing the sites, applications, platforms, and services of Lehigh Valley Public Media’s affiliates and other sites, applications, platforms, and services that may link to or from Lehigh Valley Public Media Services.

Copyrights

The contents of Lehigh Valley Public Media Services are protected by U.S. and international copyright laws. The contents of Lehigh Valley Public Media Services are owned by or licensed to Lehigh Valley Public Media, Lehigh Valley Public Media’s affiliates, or other providers of content to Lehigh Valley Public Media (”Content Providers”). If you submit “User Materials” (as defined in the “User Materials” section of these Terms of Service), you are a Content Provider that provides content to Lehigh Valley Public Media. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of scrape for the purposes of replicating or republishing (by you or by third parties) publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on Lehigh Valley Public Media Services without the prior written consent of Lehigh Valley Public Media, except as provided in these Terms of Service. All rights not expressly granted in these Terms of Service are reserved to Lehigh Valley Public Media.

You may download content to your device and copy and print content provided, however, that it is a limited amount of content for your personal, non-commercial use only, further 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 Lehigh Valley Public Media promotes or endorses 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. Subject to the conditions in the preceding sentence, you may use widgets and tools on Lehigh Valley Public Media Services that allow selected User Materials to appear on your personal, noncommercial blog, site, application, platform, or service.

You may use the content feeds, APIs, media players, and other features of Lehigh Valley Public Media Services, and content accessed therefrom, only as expressly permitted in these Terms of Service, including the “Use of Content: Conditions and Acknowledgments”.

Trademarks

Lehigh Valley Public Media®, Lehigh Valley Public Media program and application names, and Lehigh Valley Public Media logos, and the names, logos and program names of affiliates and Content Providers and any other trademarks or service marks appearing with Lehigh Valley Public Media Services, are the property of Lehigh Valley Public Media, affiliates, Content Providers or other licensors. These marks are protected from reproduction, imitation, dilution and confusing or misleading uses under national and international trademark laws, and all rights in these marks are reserved by their respective owners. Except as otherwise expressly permitted elsewhere in these Terms of Service, you may not use any such marks without the prior written consent of their respective owner(s).

User Materials

Users of Lehigh Valley Public Media Services may post, upload, transmit and otherwise submit (“Submit”) comments, messages, recommendations, photos, images, story ideas, essays and other content and materials (“User Materials”) on or through the social networking features, discussions, Contact Us, and other features of Lehigh Valley Public Media Services. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties, and the Internet, and may be viewed by Lehigh Valley Public Media staff and on Lehigh Valley Public Media Services by the general public. You acknowledge that Lehigh Valley Public Media Services, including the social networking features, discussions, Contact Us page and other features of Lehigh Valley Public Media Services, are for generally public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials.

You retain the copyright and other ownership rights in any User Materials that you Submit on or through Lehigh Valley Public Media Services. However, by Submitting User Materials on or through Lehigh Valley Public Media Services, you grant Lehigh Valley Public Media, affiliates, other Content Providers and their respective licensees 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 User Materials in any and all media formats, channels or platforms, whether now known or hereafter devised, including without limitation Lehigh Valley Public Media Services, affiliate sites, applications, platforms and services, third-party licensee sites, applications, platforms and services, over the air (on radio or television), and other applications and services, without payment and without further notice to you or request for consent. You further grant Lehigh Valley Public Media, its affiliates, and their licensees the right to contact you in connection with your User Materials and to use your name, location and other information that you have provided in connection with the User Materials.

For any User Materials you Submit on or through Lehigh Valley Public Media Services, you agree to abide by the following rules for Submitting User Materials through Lehigh Valley Public Media Services:

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 only Submit User Materials for which you have the copyright or other necessary rights and permissions to distribute electronically. You may not plagiarize content or violate or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Lehigh Valley Public Media, Lehigh Valley Public Media’s affiliates, Content Providers, their respective licensees, and users of Lehigh Valley Public Media Services (to the extent permitted by these Terms of Service), to use and distribute any User Materials. By Submitting any User Materials through Lehigh Valley Public Media Services, you grant to Lehigh Valley Public Media, Lehigh Valley Public Media’s affiliates, and other Content Providers, their licensees, and users of these sites, applications, platforms, and services (to the extent permitted by these Terms of Service) the licenses to use such User Materials.
You may not Submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use Lehigh Valley Public Media Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
You are solely responsible for any User Materials Submitted using your account. Lehigh Valley Public Media does not and cannot review all User Materials Submitted by you or others and is not responsible for any User Materials submitted by you or others on or through Lehigh Valley Public Media Services. However, Lehigh Valley Public Media has the right (but not the obligation) to review, screen, delete, edit, or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service or these Terms of Service, or for any other reason, as determined in Lehigh Valley Public Media’s sole discretion.

You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section of these Terms of Service.

Content Feeds

Lehigh Valley Public Media may provide content feeds on or through Lehigh Valley Public Media Services, consisting of a selection of headlines, summaries or text blurbs, and links to full stories (collectively, the "Content Feeds”). You may display, excerpt from, and link to the Content Feeds on your personal site or application, or the site or application of a nonprofit organization that is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and is not a news, broadcast or multimedia organization (”501(c)(3) Nonprofit Corporation”) provided that you abide by the restrictions in “Use of Content: Conditions and Acknowledgements". If you display an entire Content Feed on your personal or 501(c)(3) Nonprofit Corporation blog, site or application, you may not redistribute the Content Feed and you must provide attribution to Lehigh Valley Public Media or the relevant Content Provider adjacent to the Content Feed, by including ”Lehigh Valley Public Media News Headlines” or ”Lehigh Valley Public Media” or the name of the relevant Content Provider in text adjacent to the Content Feed.

API Content

Lehigh Valley Public Media, in its discretion, enables registered users to access certain content, including audio, text, images and other content on Lehigh Valley Public Media Services, Lehigh Valley Public Media’s affiliates, applications, platforms and services, and other Content Provider sites, applications, platforms and services through its APIs. Lehigh Valley Public Media currently limits registration to certain types of users. Lehigh Valley Public Media has the right to establish further limits on registration, to stop registering new users, or to revoke registration at any time. Content accessed through the API is available to registered users only for the limited uses described in these Terms of Service.

If you have registered with Lehigh Valley Public Media to access any Lehigh Valley Public Media API by using a key or client secret provided by Lehigh Valley Public Media, and if your registration has not been revoked, you may use the API provided that you abide by the restrictions in “Use of Content: Conditions and Acknowledgements".

Lehigh Valley Public Media Media Player

Lehigh Valley Public Media may from time to time make available an embeddable audio player, other media player for accessing content, or other embeddable content on Lehigh Valley Public Media Services. Lehigh Valley Public Media media player may be embedded or displayed on your site, application, platform or service, provided that you abide by the restrictions in paragraphs 2-14 of “Use of Content: Conditions and Acknowledgments”, and further that (1) you shall not delete or modify Lehigh Valley Public Media logos contained in Lehigh Valley Public Media media player; and (2) you shall not insert any advertising or sponsorship messages adjacent to Lehigh Valley Public Media media player or in any way that suggests that the advertisement or sponsorship supports or has been placed by Lehigh Valley Public Media. Any other use of Lehigh Valley Public Media’s marks, Lehigh Valley Public Media media player, or of any content contained within Lehigh Valley Public Media media player requires the prior written permission of Lehigh Valley Public Media.

Use of Content: Conditions and Acknowledgments

To use Content Feeds, API content and podcasts, or to Submit User Materials, you agree to the following conditions and acknowledgments:

the content may be used only for personal noncommercial use or for noncommercial online use by a 501(c)(3) Nonprofit Corporation (which is not a news, broadcast, or multimedia organization);
your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts, widgets, and applications, but excluding e-newsletters;
you shall not use the content in any way that is unlawful or harmful;
you must provide attribution for the content source (Lehigh Valley Public Media, Lehigh Valley Public Media affiliates, or other Content Provider) by including “Lehigh Valley Public Media” or the name of relevant Lehigh Valley Public Media’s affiliate or Content Provider in text in connection with the content, but not in the title of any publicly available application, and provide a link back to the content’s source site;
you may not insert any intermediate page, splash page, pre-roll advertising or sponsorship messages, post-roll advertising or sponsorship messages, or other content between the links contained within the content and the applicable Lehigh Valley Public Media Services page;
your use or display of the content does not suggest that Lehigh Valley Public Media, its affiliates, or any Content Provider promotes or endorses you or any third party or the causes, ideas, sites, applications, platforms, products or services of you or any third party;
all links to content redirect the user to Lehigh Valley Public Media Services or Lehigh Valley Public Media affiliate or other Content Provider sites, applications, platforms or services when the user clicks on them;
you shall not modify, copy, translate, create a derivative work of, sell, distribute, or sublicense any content;
you shall not add to, delete, or modify any audio, video, headlines, text, links, or other content contained in the content from Lehigh Valley Public Media, its affiliates, or any other Content Provider;
you shall not use the content in any way that changes or distorts its fundamental meaning;
any other use of the content or the trademarks, service marks, trade names, logos, domain names or other distinctive Lehigh Valley Public Media brand features or the brand features of a Lehigh Valley Public Media affiliate or Content Provider requires the prior written permission of the relevant entity;
all audio must be streamed from the originating servers through direct links that redirect the user to Lehigh Valley Public Media, Lehigh Valley Public Media affiliate, or the Content Provider sites, applications, platforms, or services;
ehigh Valley Public Media, its affiliates, or the Content Providers have the right to withdraw any and all content at any time in their discretion; and
upon the request of Lehigh Valley Public Media, you shall promptly cease all use of, and remove from your sites, applications, platforms, and services, any and all uses of Lehigh Valley Public Media content.

Links to Lehigh Valley Public Media Services

Lehigh Valley Public Media is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, although Lehigh Valley Public Media encourages and permits links to content on Lehigh Valley Public Media Services, the linking should neither suggest that Lehigh Valley Public Media promotes or endorses any third party’s causes, ideas, sites, products, or services, nor use Lehigh Valley Public Media 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 Services

Lehigh Valley Public Media Services contain links to sites, applications, platforms, and services maintained by third parties over which Lehigh Valley Public Media has no control. Lehigh Valley Public Media does not endorse the content, products or services of such sites, applications, platforms, and services, or any of their operators, and Lehigh Valley Public Media 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. Lehigh Valley Public Media 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 sites, applications, platforms and services.

In some cases, Lehigh Valley Public Media Services 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.

Lehigh Valley Public Media Services include a tool that allows you to sign in using information from your account with a third-party service, such as Facebook or Google. Please be aware that third-party services are unrelated to Lehigh Valley Public Media, and that your use of any third-party services is subject to the terms and policies of those services.

Rules for Use of the Service

By using Lehigh Valley Public Media Services, including any of Lehigh Valley Public Media’s registration features or Subscription Services, you agree to the following rules:

You must be at least 18 years of age to submit any User Materials or personal information on or through Lehigh Valley Public Media Services, create a public profile, participate in any online contests, place an order with Lehigh Valley Public Media Shop, or register with any Subscription Service. If you are under 18 years old, you may browse Lehigh Valley Public Media Services or register for email newsletters or other features of Lehigh Valley Public Media Services with the consent of your parent or guardian, so long as you do not submit any User Materials. use, subscribe or register to any part of the Services if your parent or legal guardian reviews and agrees to these Terms of Service before you use any part of Lehigh Valley Public Media Services, or they complete the purchase and/or registration on your behalf. If you are under 13 years of age, or if you are an EU user 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 personal 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.
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 Lehigh Valley Public Media, Lehigh Valley Public Media affiliates, other Content Providers, or users of Lehigh Valley Public Media Services. You may not use Lehigh Valley Public Media Services 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 Lehigh Valley Public Media Services.
You may not interfere with or disrupt the integrity or performance of Lehigh Valley Public Media Services, any portion, or contents thereof, or related systems or networks, or use Lehigh Valley Public Media Services 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 Lehigh Valley Public Media Services or related systems or networks.
You acknowledge that Lehigh Valley Public Media has the right to limit or terminate your, or any other person’s, access to or registration in Lehigh Valley Public Media Services for any reason, in its sole discretion, including violation of these Terms of Service.

Representations; Indemnity

You represent and warrant that if you Submit any User Materials or personal information on or through Lehigh Valley Public Media Services, (a) you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through Lehigh Valley Public Media Services that may be necessary for their use as contemplated by Lehigh Valley Public Media Services and these Terms of Service, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by Lehigh Valley Public Media Services and these Terms of Service, (d) the User Materials, and their use by Lehigh Valley Public Media, affiliates, Content Providers, their licensees, and users of Lehigh Valley Public Media Services and Lehigh Valley Public Media affiliate sites, applications, platforms and services (pursuant to these Terms of Service and the terms of service of Lehigh Valley Public Media’s affiliate or Content Provider sites) does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms of Service, and (e) your use of Lehigh Valley Public Media Services complies with these Terms of Service. You agree that you will indemnify and hold harmless Lehigh Valley Public Media, affiliates, Content Providers, and their respective directors, officers, employees, members, and licensees 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 Lehigh Valley Public Media Services, (3) the User Materials you have Submitted on or through Lehigh Valley Public Media Services, or (4) Lehigh Valley Public Media’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Lehigh Valley Public Media affiliates, Content Providers, licensees, or users of Lehigh Valley Public Media Services.

Disclaimer

Lehigh Valley Public Media is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through Lehigh Valley Public Media Services. Lehigh Valley Public Media cannot verify the accuracy of statements that users make or place on or through Lehigh Valley Public Media Services and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service or these Terms of Service.

Lehigh Valley Public Media SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH Lehigh Valley Public Media SERVICES 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 LEHIGH VALLEY PUBLIC MEDIA. 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. LEHIGH VALLEY PUBLIC MEDIA DOES NOT WARRANT THAT LEHIGH VALLEY PUBLIC MEDIA SERVICES, INCLUDING WITHOUT LIMITATION LEHIGH VALLEY PUBLIC MEDIA CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, UNINTERRUPTED OR ERROR-FREE. LEHIGH VALLEY PUBLIC MEDIA DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF LEHIGH VALLEY PUBLIC MEDIA SERVICES 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 LEHIGH VALLEY PUBLIC MEDIA SERVICES OR THROUGH LINKS ON LEHIGH VALLEY PUBLIC MEDIA SERVICES. LEHIGH VALLEY PUBLIC MEDIA 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 LEHIGH VALLEY PUBLIC MEDIA SHALL CREATE ANY WARRANTY. USE OF LEHIGH VALLEY PUBLIC MEDIA SERVICES IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON LEHIGH VALLEY PUBLIC MEDIA SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN LEHIGH VALLEY PUBLIC MEDIA SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON LEHIGH VALLEY PUBLIC MEDIA SERVICES.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS CLAIMS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM LEHIGH VALLEY PUBLIC MEDIA’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL LEHIGH VALLEY PUBLIC MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE LEHIGH VALLEY PUBLIC MEDIA SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH LEHIGH VALLEY PUBLIC MEDIA SERVICES OR TO ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS), (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 LEHIGH VALLEY PUBLIC MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS 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 LEHIGH VALLEY PUBLIC MEDIA’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LEHIGH VALLEY PUBLIC MEDIA’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.

Lehigh Valley Public Media Mobile Services; High Data Usage

Lehigh Valley Public Media does not charge you for the use of its mobile sites, applications, platforms and services or any features of these sites, applications, platforms, and services (“Lehigh Valley Public Media Mobile Services”). Please check your wireless plan, however, because carrier data use charges or other fees may apply. You agree that you are solely responsible for any costs you incur to access Lehigh Valley Public Media Mobile Services, including any excess data charges. You should keep in mind that the use of Lehigh Valley Public Media Mobile Services to send content to another person may result in wireless charges to both the sender and the receiver.

No Unauthorized Export

You may not use or otherwise export or re-export any of Lehigh Valley Public Media Services except as authorized by U.S. law and the laws of the jurisdiction in which Lehigh Valley Public Media Services were obtained. In particular, but without limitation, Lehigh Valley Public Media 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 and Blocked Persons List or the U.S. Department of Commerce Denied Persons List or Entity List. By using Lehigh Valley Public Media 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 Lehigh Valley Public Media Services for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

International Users

Lehigh Valley Public Media Services are controlled and operated within the United States. Lehigh Valley Public Media makes no representation that content, materials, or products available on or through Lehigh Valley Public Media Services are appropriate or available for use outside of the United States. If you access Lehigh Valley Public Media Services 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.

Right to Change Lehigh Valley Public Media Services

Lehigh Valley Public Media reserves the right to change, terminate or suspend Lehigh Valley Public Media Services, any features of Lehigh Valley Public Media Services (including, but not limited to, Content Feeds, API content, podcasts, and Lehigh Valley Public Media media player), and any content or materials contained in Lehigh Valley Public Media Services, in any way, at any time and for any reason or no reason. Lehigh Valley Public Media also has the right to require you to cease accessing any features, content, or materials of Lehigh Valley Public Media Services.

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

Lehigh Valley Public Media 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 Lehigh Valley Public Media Services, please provide the following information in writing to Lehigh Valley Public Media’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 Lehigh Valley Public Media Services, that were subsequently removed from Lehigh Valley Public Media Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Lehigh Valley Public Media’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.

Lehigh Valley Public Media’s Copyright Agent can be reached as follows:

Lehigh Valley Public Media, ATTN: Copyright Agent

839 Sesame Street, Bethlehem PA 18015

Email: contact@lehighvalleypublicmedia.org

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding Lehigh Valley Public Media Services, please contact Lehigh Valley Public Media through our About Us page.

Miscellaneous

These Terms of Service, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of Lehigh Valley Public Media Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of Lehigh Valley Public Media Services. These Terms of Service are separate and distinct from the terms of service governing the sites, applications, platforms and services of Lehigh Valley Public Media’s Member stations, and the sites, applications, platforms and services that may link to or from Lehigh Valley Public Media Services. These Terms of Service are governed by and construed under Pennsylvania law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Service or relating to Lehigh Valley Public Media Services shall be litigated in the local or federal courts located in the Commonwealth of Pennsylvania, and you hereby consent to personal jurisdiction and venue in the Commonwealth of Pennsylvania. A modification or waiver of a part of these Terms of Service shall not constitute a waiver or modification of any other portion of the Terms of Service. If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect.

Questions

If you have any questions about Lehigh Valley Public Media Services or these Terms of Service, please contact us through our About Us page.

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