St. Louis Regional Educational and Public Television Commission (“KETC”) owns and maintains this site (the “Site”) for your personal entertainment, information, education, and communication. Please feel free to browse the Site. Your access to and use of the Site is also subject to the following terms and conditions (the “Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. KETC reserves the right to revise, amend, modify, or supplement these Terms and Conditions without notice at any time for any reason. Please review the Terms and Conditions section of the Site periodically. By using the Site following any changes to these Terms and Conditions, you are indicating your acceptance of those changes.
Terms and Conditions
1) You may download one copy of material displayed on the Site for your non-commercial, personal use only. On that copy you must also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, upload, republish, reproduce or use the content of the Site for public or commercial purposes, including the text, images, audio and video without KETC¹s prior written permission, which KETC may grant or refuse in its sole discretion.
2) The Site contains materials that are derived in whole or in part from material supplied by KETC, PBS, and other sources, and is protected by, without limitation, copyright and trademark laws. You should assume that everything you see or read on the Site is copyrighted material unless it is stated otherwise, and that nothing may be used except as provided in these Terms and Conditions or in the text on the Site without the prior written permission of KETC. KETC does not warrant or represent to you that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with KETC.
3) Images of people or places displayed on the Site are either the property of, or used with permission by, KETC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate various laws, including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4) While KETC uses reasonable efforts to include accurate and up to date information in the Site, KETC makes no warranties or representations to you as to the accuracy of any information. Notwithstanding the foregoing, KETC assumes no liability or responsibility for any errors or omissions in the content of the Site.
5) YOUR USE OF AND BROWSING IN THE SITE ARE AT YOUR RISK. NEITHER KETC, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, IS LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. KETC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. KETC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE OR MECHANDISE PROVIDED THROUGH THE SITE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE. KETC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SITE USERS OR THIRD PARTIES AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL KETC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
6) Excluding credit card and personal membership information, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Excluding credit card and personal membership information, anything you transmit or post may be used by KETC or its affiliates and related entities for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, any ideas, concepts, submissions, suggestions or notes contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, producing, creating and marketing products and/or motion picture productions using such information (“Submissions”) are free to KETC to use without compensation to you as the Submitter.
7) The information and opinions expressed in blogs, bulletin boards, chat rooms, online postings, emails, or other forums available on this Site are not necessarily those of KETC. KETC makes no representations or warranties regarding any such user-submitted information or opinions. KETC is not responsible for any loss, damage (including actual, consequential, incidental, punitive, or otherwise), injury, or costs resulting from or arising out of, directly or indirectly, any user-submitted information or opinion appearing on the Site.
By submitting comments, feedback, suggestions, e-mail, or similar information or materials to this Site, including posting comments to any section of this Site, you represent and agree that:
• The submission is free from restrictions on publication and does not infringe or violate any existing property right of another party.
• You are granting KETC a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or display the submission, in whole or in part, in any manner or medium now known or hereafter developed.
• You are responsible for the content for the submission and acknowledge that third parties may hold you responsible for content related claims, including libel, invasion of privacy, misappropriation of likeness, and disclosure of confidential information.
• You will not submit any content that (a) libels, defames, invades privacy or publicity rights; (b) is obscene, pornographic, abusive, threatening, hateful, or otherwise objectionable; (c) violates any law; (d) contains a virus or other harmful component; or (e) advertises or otherwise solicits funds.
• You shall indemnify, defend, and hold KETC and its affiliate entities (including, their officers, directors, owners, agents, and employees) harmless from all liability and costs incurred by those indemnified in connection with any claim arising out of any breach by you of any representations and warranties herein and for any claims related to your submissions or the content thereof.
• We have the right to disclose any information that we believe necessary to comply with any law, regulation or governmental request or that information that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity.
KETC has no obligation to monitor the user-submitted information and opinions. However, we reserve the right to edit, refuse to post, or remove any user-submitted material that we deem inappropriate or in violation of these Terms and Conditions and/or terminate or suspend Site access of any user in our sole discretion.
8 ) Pursuant to the Digital Millennium Copyright Act, KETC has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. The ketc.org Copyright Agent can be reached as follows: Copyright Agent, 3655 Olive St., St. Louis, MO 63108, (314) 512-9000 (voice), 312-222-4206 (fax), firstname.lastname@example.org.
If you believe that your work has been copied on the Site in a manner that constitutes infringement of your valid copyright, please submit the following information to the KETC Copyright Agent:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the website;
d) your address, telephone number and e-mail address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf; and
g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
9) These Terms and Conditions shall be governed by and interpreted under the laws of the State of Missouri, without regard to conflicts of law provisions. The jurisdictional venue for any legal proceedings involving these Terms and Conditions or your use of the Site shall be held in any applicable state or federal court located in St. Louis, Missouri, U.S.A. If any part of these Terms and Conditions is found void and unenforceable, it will not affect the validity of the remaining Terms and Conditions, which shall remain valid and enforceable according to their terms. These Terms and Conditions form the complete and exclusive statement of the agreement between KETC and you relating to the Site and your use thereof and supersedes any prior proposal, agreement, representations, discussions, undertakings, communications or advertising, oral or written, relating thereto.