1. Personal Uses Permitted.
PBS ONLINE® is an online
information exchange service for use by PBS, its Member Stations and the general
public. You shall not post, publish, transmit, reproduce, distribute or in any
way use or exploit any Information for commercial purposes or otherwise use the
Information in a manner that is inconsistent with these rules and regulations.
2. User's Obligation to Abide By Applicable Law.
with the use of PBS ONLINE®, you shall abide by all applicable federal, state
or local laws, including those pertaining to such areas as libel, slander,
defamation, trade libel, product disparagement, harassment, invasion of privacy,
tort, obscenity, indecency, and copyright or trademark infringement ("Applicable
Law"). The Information available on PBS ONLINE® 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. The violation of applicable Intellectual Property Laws may give rise
to civil and/or criminal penalties.
3. Disclosure of Online Communications.
You are cautioned
that any online communications may not be fully confidential. In addition, you
should be aware that federal postal regulations do not protect electronic mail.
You should be aware that some administrative personnel of PBS may, in the course
of their regular duties, have access to communications for technical or
operational purposes. PBS may also disclose any communications to the extent
permitted or required by law.
4. Prohibition Against Rogue Programming.
You shall not post,
transmit or make available in any way through PBS ONLINE® any software or
other materials which contain a computer virus, trojan horse, timebomb, worm or
other rogue programming ("Rogue Programming"). PBS has no obligation to detect
the presence of any Rogue Programming. Any downloading of software or other
materials or any other use of the Information on PBS ONLINE® is at your risk,
and you are advised to take adequate precautions to minimize any loss to your
system caused by Rogue Programming, including use of anti-virus programs and
proper backup of files.
5. Content of Information.
You are responsible for the
content of any Information you put on PBS ONLINE®. PBS has no obligation to,
and does not in the normal course, monitor or control any Information that is or
becomes available on PBS ONLINE®. PBS reserves the right to review any
Information that is or becomes available on PBS ONLINE®. PBS reserves the
right to refuse to post or to remove any Information that is, in PBS's sole
discretion, unacceptable, undesirable or in violation of these rules. However,
PBS has no obligation to exercise such reservation of rights by PBS.
6. Disclaimer of Warranties.
PBS ONLINE® 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. NEITHER PBS
NOR THE MEMBER STATIONS WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE,
THAT PBS ONLINE® WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION
IS FREE OF ROGUE PROGRAMMING.
7. Limitation of Damages.
UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL PBS OR THE MEMBER STATIONS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE
USE OR INABILITY TO USE PBS ONLINE®, INCLUDING WITHOUT LIMITATION USE OF OR
RELIANCE ON INFORMATION AVAILABLE ON PBS ONLINE®, INTERRUPTIONS, ERRORS,
DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR
TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY
OTHER FAILURE OF PERFORMANCE.
8. Release and Indemnity.
YOU HEREBY RELEASE AND WAIVE ANY
AND ALL CLAIMS AND/OR LIABILITY AGAINST PBS AND/OR THE MEMBER STATIONS ARISING
FROM OR IN CONNECTION WITH YOUR USE OF PBS ONLINE®. YOU ALSO AGREE TO
DEFEND, INDEMNIFY AND HOLD HARMLESS, PBS AND THE MEMBER STATIONS, FROM AND
AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES,
ARISING FROM OR IN CONNECTION WITH YOUR USE OF PBS ONLINE® OR FAILURE TO
ABIDE BY APPLICABLE LAW.
These rules may be modified by PBS from time to time and such modifications will be binding on you when placed online.