This tpt Internet Web Site Agreement (the "Agreement") is between you and Twin Cities Public Television, Inc. ("tpt") with a principal place of business at 172 E. Fourth Street, St. Paul, MN 55101 USA. Use of this and/or any other web sites owned and/or controlled by tpt, including any chat rooms, bulletin or message boards or other forums contained therein (collectively the "tpt Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS TPT WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the tpt Web Site.
- The tpt Web Site is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the tpt Web Site are only for your personal, non-commercial use. All materials contained on the tpt Web Site are protected by copyright, and are owned or controlled by tpt or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the tpt Web Site. You may download and make a copy of the content and other downloadable items displayed on this tpt Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from tpt or the copyright holder identified in the individual content’s copyright notice.
- tpt may change, suspend or discontinue any aspect of the tpt Web Site at any time, including the availability of any tpt Web Site feature, database, or content. tpt may also impose limits on certain features and services or restrict your access to parts or the entire tpt Web Site without notice or liability.
- You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the tpt Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the tpt Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
- You hereby agree to indemnify, defend and hold tpt, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. tpt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of tpt.
- The tpt Web Site contains links and pointers to the other related World Wide Web Internet sites and resources. Links to and from tpt Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by tpt or any of its subsidiaries or affiliates of any third party resources, or their contents.
- tpt does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the tpt Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. tpt reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the tpt Web Site.
- tpt does not and cannot review all materials posted to the tpt Web Site by users, and tpt is not responsible for any such materials posted by users. However, tpt reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in tpt's sole discretion are objectionable or in violation of this Agreement.
- THE tpt WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE tpt WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, tpt AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE tpt WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE tpt WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE tpt WEB SITE OR ANY LINKED SITE. FURTHER, tpt AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. tpt DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE tpt WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE tpt WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. tpt AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE tpt WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
- By posting messages, uploading and/or submitting any content, including but not limited to, audio, video, photos, drawings or other files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the tpt Web Site, you hereby grant to tpt a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against tpt for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.You acknowledge that transmission to and from this tpt Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to tpt, no confidential, fiduciary, contractually implied or other relationship is created between you and tpt other than pursuant to this Agreement.
- THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MINNESOTA.
- This Agreement constitutes the entire agreement between tpt and you with respect to your use of the tpt Web Site. Any cause of action you may have with respect to your use of the tpt Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. tpt reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In an effort to protect the rights of copyright owners, TPT maintains a policy for the termination, in appropriate circumstances, of any information or users of this web site who are repeat infringers. If you believe any materials accessible on or from this web site infringes your copyright, you may request removal of those materials (or access thereto) from this web site by contacting TPT’s Copyright Agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative. TPT’s agent for copyright issues relating to this web site is as follows:
||TWIN CITIES PUBLIC TELEVISION, Inc (TPT)
||172 East Fourth Street
||Saint Paul, Minnesota 55101