Independent Television Service, Inc. and its affiliates and sublicensees (“ITVS,” “We,” or “Us”) offers the Site which may be accessible via internet link, email or SMS. If applicable, you may be required to submit personal information to access portions of the Site. You are responsible for your use of the Site, for any data you share with the Site, and for any consequences thereof. Any data you share with the Site, including, without limitation, any personal information (e.g., your email, geographical location, image, likeness, etc.), answers to Site generated questions and survey responses (whether written/typed, audio or audiovisual) (collectively, your “Content”) may be able to be recorded, viewed by other users of the Site and used by ITVS and third parties. You should only provide Content that you own and are comfortable sharing with others pursuant to the terms of this Agreement.
The Site is copyrighted and the intellectual property of ITVS. None of the content or data found on the Site may be reproduced, republished, distributed, sold, transferred, or modified. In addition, the trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and common law trademarks of ITVS and various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the prior written permission of ITVS or such other party that may own the Trademarks. This Agreement is also ITVS’s property and is subject to copyright protection.
In addition to reviewing this Agreement, you agree to read the official rules that accompany any special offer, coupon, discount or promotion that We may offer or conduct before you participate in such offer, coupon, discount, or promotion.
ITVS has the right, but not the obligation, to monitor all activity on the Site, as well as any Content submitted to the Site. You agree not to copy, disseminate, or transmit any content on the Site (or any coding within the Site) without the prior express, written permission of ITVS.
You agree to notify ITVS immediately at firstname.lastname@example.org if you believe that anything on the Site violates any of your rights.
ITVS may use third party websites to enhance the DocSCALE experience. Third-party sites have their own user terms, which you should review prior to using or accessing such sites. In addition, hyperlinks provided on the Site which link to other third-party websites are provided for your information and convenience only, and ITVS does not assume any responsibility or liability, nor make any representations, with respect to any website linked from the Site (or any website linking to the Site). ITVS does not review or monitor such links to third party websites. A link from the Site to a third-party website (or a link from another website to the Site) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. ITVS is not responsible for, and makes no representations regarding, the content or the privacy practices employed or used by third party websites.
ITVS assumes no responsibility for and does not make any representations or endorsements concerning any third-party communications or solicitations that may appear on the Site.
You represent and warrant that: (a) you are not currently restricted from using the Site, or not otherwise prohibited from submitting your information to the Site; (b) you have full power and authority to enter into this Agreement and doing so will not violate any other agreements to which you are a party; (c) you will not violate any of our rights or the rights of other users of the Site, including, but not limited to, intellectual property rights such as copyright or trademark rights; (d) you agree to provide at your sole cost all equipment, software, and internet access necessary to use the Site; (e) you have the right to submit any Content on the Site, and you have the right to grant the rights set forth in this Agreement; (f) We do not and will not need to obtain rights from any third party or pay royalties to any third party in connection with your Content for any reason; (g) the Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (h) the Content complies with all terms of this Agreement and all applicable laws. This section will survive the termination of this Agreement and shall exist in perpetuity, regardless of whether you later cease using the Site or remove Content from the Site.
You agree to indemnify, defend, and hold ITVS, the Corporation for Public Broadcasting, PBS, and each of their respective affiliates, directors, officers, employees, funders, contractors, sublicensees, shareholders, assigns, sublicensees, successors, and agents, harmless for any and all damages, losses, expenses, claims, alleged or actual, and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to any third-party claims, charges, and investigations that: (a) arise from your activities on the Site; (b) assert a violation by you of any term of this Agreement, including any representations and warranties herein; (c) arise from your failure to comply with this Agreement or any representations or warranties herein; or (d) assert that any Content you submitted violates any law or infringes any right of any third-party, including, but not limited to, any intellectual property or privacy rights. Your indemnity obligations set forth in this paragraph and Agreement shall survive the termination of this Agreement and will exist in perpetuity, regardless of whether you cease using the Site or remove Content from the Site.
YOU AGREE THAT ITVS HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SITE AND THAT THE SITE IS BEING OFFERED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND.
ITVS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SITE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. YOU AGREE TO USE THE SITE AT YOUR OWN RISK. ITVS AND ITS THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THE SITE WILL BE FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL ITEMS.
WITHOUT LIMITING THE FOREGOING, ITVS MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SITE WILL BE PERMITTED IN YOUR JURISDICTION; (B) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) CONCERNING ANY CONTENT SUBMITTED BY ANY USER; (D) CONCERNING ANY THIRD-PARTY'S USE OF CONTENT THAT YOU SUBMIT; (E) THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON THE SITE OR WILL BE STORED BY ITVS; (F) THAT SITE WILL CONTINUE OR THAT ANY SITE FEATURE WILL CONTINUE ; OR (G) CONCERNING SITES AND RESOURCES OUTSIDE OF THE SITE, EVEN IF LINKED TO FROM THE SITE.
DO NOT RELY ON THE SITE OR ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR THE SITE AND ALL INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. ITVS DOES NOT CONTROL OR VET USER-GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
ITVS NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR TERMS IN CONTRACTS WITH CONSUMERS; ACCORDINGLY, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. TO THE EXTENT ANY DISCLAIMER OF WARRANTIES DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
ITVS reserves the right to modify the Site at any time and without any notice to you. You are responsible for providing your own access (e.g., computer, laptop and/or mobile device (“Device”), internet connection, etc.) to the Site. ITVS has no obligation to screen or monitor any content and does not guarantee that any content available on the Site complies with this Agreement or is suitable for all users.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR ACCESS AND USE OF THE SITE, ANY CONTENT THEREON, OR ANY OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE OR SERVICE. NEITHER ITVS NOR ANY OF ITS SUBSIDIARIES, FUNDERS, SUCCESSORS, ASSIGNS, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, CONTRACTORS, SHAREHOLDERS, OR DIRECTORS (THE “AFFILIATES”) WILL BE CUMULATIVELY (OR OTHERWISE) LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO YOUR USE OF THE SITE, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT, OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE. THE TOTAL LIABILITY OF ITVS AND ITS AFFILIATES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND WITHOUT IT THE TERMS WOULD BE DIFFERENT. THIS LIMITATION OF LIABILITY WILL:
(A) APPLY REGARDLESS OF WHETHER (1) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (2) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (3) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND
(B) NOT APPLY TO ANY DAMAGE THAT THE SITE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED FROM IN THIS AGREEMENT.
ITVS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THE SITE OR THE ITVS COMPUTER SYSTEM, THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE.
ITVS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS ACCESSING THE SITE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SITE BY OTHER USERS; THEREFORE, ITVS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
ITVS DOES NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SITE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. ITVS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ITVS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE OR SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
IF YOU ARE DISSATISFIED OR HARMED BY THE SITE OR ANYTHING RELATED TO THE SITE, YOU MAY CEASE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND SUCH TERMINATION WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
SOME COUNTRIES, JURISDICTIONS, AND TERRITORIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Your use of the Site, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving products of U.S. origin, including services or software.