Terms of Use

NPR Get My Vote
Effective Date March 11, 2008
Introduction; Consent to Terms

Please read these Terms of Use before using the Get My Vote site. By using the Get My Vote web site, or by clicking "I Accept the Terms of Use" when signing up for a user account for, or uploading materials on, the Get My Vote site, you agree to be bound by these Terms of Use and the Privacy Policy for the Get My Vote site. If you do not agree to these Terms of Use or the Privacy Policy, please exit the site and do not use the site or any of its features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use or an updated Privacy Policy on the Get My Vote site. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Get My Vote site following the posting of updated Terms of Use or an updated Privacy Policy means that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy for the Get My Vote site are separate and distinct from the terms of use and privacy policy governing NPR.org and the web sites of NPR's member stations and the other public media participants in the Get My Vote project (for example, other Corporation for Public Broadcasting-funded public radio and television stations, producers, and web sites) that may link to or from the Get My Vote site.

Your User Materials

The Get My Vote site permits users to post, upload, transmit and/or otherwise submit video, audio, text, photos, images and other content on or through the Get My Vote site ("User Materials"). The Get My Vote site also permits the hosting, sharing and/or publishing of User Materials. You acknowledge that anything you submit on or through the Get My Vote site may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public. You acknowledge that the Get My Vote site and features offered therein are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise have the rights to post the material.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the Get My Vote Site. However, by submitting User Materials on or through the Get My Vote site, you hereby grant NPR, its member stations, and other public media participants in the Get My Vote project (for example, other Corporation for Public Broadcasting-funded public radio and television stations, producers, and web sites), a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform or display your User Material in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Get My Vote site, NPR.org, NPR member station web sites, other public media participant web sites, other third party web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant NPR, its member stations, and other public media participants in the Get My Vote project the right to contact you in connection with your User Materials and to use your name, city and state and other information in connection with use of the User Materials.

You further grant the third party vendor used to provide certain technical and hosting services for this Get My Vote site a non-exclusive license to use the User Material solely for purposes of providing such services for and on behalf of NPR.

In addition, you grant each user of the Get My Vote site a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Get My Vote site and to use your User Materials pursuant to these Terms of Use, and as permitted by the functionality of the Get My Vote site.

For any User Materials you submit on or through the Get My Vote site, you agree, represent and warrant that (a) you have obtained all clearances, releases and licenses for all materials or elements in the User Materials necessary for their inclusion and use in the manner contemplated by the Get My Vote site and these Terms of Use, (b) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Get My Vote site or these Terms of Use, (c) use of the User Materials by NPR, NPR member stations, other public media participants in the Get My Vote project (as described above), users and others as contemplated by this Get My Vote site and these Terms of Use, will not defame any person or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative, or other rights of any person or entity, and (d) the User Materials conform with the Rules for Use of the Get My Vote site, as set forth below, and these Terms of Use. You shall indemnify and hold harmless NPR, NPR member stations, other public media participants in the Get My Vote project, and their licensees from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of any breach of the representations and warranties set forth above.

Copyrights; Your Use of Material on the Get My Vote Site

The contents of the Get My Vote site are protected by U.S. and international copyright laws. The contents of the Get My Vote site are owned by or licensed to NPR. In the case of User Materials, the contents are owned by the user and licensed to NPR. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license, or use for a commercial purpose any content on the Get My Vote site without the prior written consent of NPR, except as specifically provided below. All rights not expressly granted in these Terms of Use are reserved to NPR.

You may download one copy of information, content or materials on the Get My Vote site (excluding User Materials, the permitted use of which is covered in the following paragraph) on a single computer for your personal, noncommercial use in the manner contemplated by this Get My Vote site, provided that (a) you keep intact 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 NPR promotes or endorses your, or any third party's, causes, ideas, Web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity.

In addition, certain tools on the site allow you to embed a widget or a feed that allows selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.

Any other use of Get My Vote site content requires prior written permission from NPR or the copyright holder. For permission requests, visit NPR's permissions page.

Trademarks

National Public RadioŽ, NPRŽ and NPR program names are service marks of either National Public Radio, Inc. or the producers of the programs. All rights reserved. You may not use any NPR service marks, logos or graphics without NPR's prior written consent, except that you shall have the right, and obligation, to use any NPR-provided logo(s) that is included when you use the functionality of the Get My Vote site to use certain content for your personal, noncommercial use (such as by embedding a widget or feed for selected User Materials).

Rules for Use of the Get My Vote site

By using the Get My Vote site, you agree to the following rules:

1. You MUST be at least eighteen (18) years of age to join the Get My Vote community, share a story (or upload any audio, video and/or text), rate or comment upon a posted commentary, upload a photograph, email a commentary to a friend or invite a friend to join the Get My Vote community, send a message to NPR, or otherwise provide, post, upload, transmit or otherwise submit any content or personally-identifying information on or through the Get My Vote site. If you are between the ages of 13 and 18, you may browse the Get My Vote site with the consent of your parents or guardians, so long as you do not submit any content or personally-identifying information on or through the Get My Vote site.

2. You may only submit materials for which you have the copyright or other necessary rights and permissions to distribute electronically. You may not violate, plagiarize, 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 NPR, NPR member stations, other public media participants in the Get My Vote project, and users of the Get My Vote site (to the extent permitted by these Terms of Use) to distribute any posted, uploaded, included or transmitted materials.

3. You may not submit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, online gambling, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, violative of third party privacy rights, or that constitutes hate speech or a personal attack.

4. The Get My Vote site can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, solicitation for goods and services, or recruiting.

5. You may not use the Get My Vote platform for campaigning, endorsing or attacking candidates, or recruiting votes.

6. You may not submit any messages or materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

7. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Get My Vote site to distribute chain letters, mass mailings, "spam" or otherwise duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Get My Vote site.

8. You may not interfere with or disrupt the integrity or performance of the Get My Vote site or any portion or contents thereof, or use the Get My Vote site in any way which degrades the reliability, speed or operation of the Get My Vote site or its underlying hardware or software. You may not attempt to gain unauthorized access to the Get My Vote site or its related systems or networks.

9. By posting, uploading, transmitting or submitting any material on or through the Get My Vote site, you agree to grant NPR, NPR member stations, other public media participants in the Get My Vote project, and users of the Get My Vote site, the licenses to use that material as set forth above.

10. You are solely responsible for any content submitted using your account. NPR does not and cannot review all material submitted by you or others and is not responsible for any materials submitted by others on or through the Get My Vote site. However, NPR has the right (but not the obligation) to review, delete, edit and/or move any material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Get My Vote site or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable.

11. NPR is not responsible or liable for any materials posted by third parties on or through the Get My Vote site. NPR cannot verify the accuracy of statements that users place on or through the Get My Vote site, and does not guarantee that any material has been posted, uploaded, transmitted or submitted with the permission of the copyright or proprietary owner or is otherwise in compliance with the Rules for Use of the Get My Vote site or these Terms of Use.

12. By using the Get My Vote site, you agree to abide by these rules. You acknowledge that NPR has the right to screen, delete, edit or move material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Get My Vote site or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that NPR has the right to terminate or cease offering the Get My Vote site, and to limit or terminate your, or any other person's, access to or membership in the Get My Vote site for any reason, in its sole discretion, including violation of these Rules for Use of the Get My Vote site or these Terms of Use.

Framing

NPR does not allow framing of its Web sites, including the Get My Vote site.

Links to Get My Vote Site

NPR encourages and permits links to content on the Get My Vote site. However, NPR is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that NPR promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use content on the Get My Vote site for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

The Get My Vote site includes links to web sites maintained by third parties, over which NPR has no control. NPR does not endorse the content, operators, products or services of such sites, and NPR is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. NPR 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. The terms of use for NPR.org, which can be viewed here, and for any NPR member station or other public media participant in the Get My Vote project, are separate and distinct from these Terms of Use for the Get My Vote site.

Representations; Indemnity

You represent and warrant that (a) if you provide, post, upload, transmit or otherwise submit or store any content or personally-identifying information on or through the Get My Vote site, you are at least 18 years of age , (b) any User Material you post, upload, transmit, submit, or store on or through the Get My Vote site does not and will not violate the Rules for Use of the Get My Vote site or these Terms of Use, and (b) your use of the Get My Vote site complies with these Terms of Use. You agree that you will indemnify and hold harmless NPR and its directors, officers, employees, members, licensees and other public media participants in the Get My Vote project 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, or other representations and warranties made in these Terms of Use, (2) your use of the Get My Vote site, (3) the materials you have posted, uploaded, transmitted, submitted or stored on or through the Get My Vote site, or (4) NPR's publication, distribution or use of such materials.

Indemnification of Third Party Vendor

Certain technology and hosting for aspects of this website are provided by KickApps Corporation. By participating on this Get My Vote site, you agree to indemnify and hold harmless KickApps Corporation on all matters related to your participation with this website and interaction with others using this website. As such, KickApps Corporation is a third party beneficiary to your agreement with this website; such agreement with this website is defined in the Terms of Use and Privacy Policy.

DISCLAIMER

THE GET MY VOTE SITE, INCLUDING ALL USER MATERIALS, ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NPR DOES NOT WARRANT THAT THE GET MY VOTE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES NPR MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GET MY VOTE SITE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY USER MATERIALS, COMMENTARIES, INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE GET MY VOTE SITE OR THROUGH LINKS ON THE GET MY VOTE SITE. USE OF THE GET MY VOTE SITE IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR MEMBERS, OR OTHER PUBLIC MEDIA PARTICIPANTS IN THE GET MY VOTE PROJECT, BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE GET MY VOTE SITE, (B) IN CONNECTION WITH ANY USER MATERIALS OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR (C) FOR ANY AMOUNT IN EXCESS OF $100.

RIGHT TO CHANGE GET MY VOTE SITE

NPR has the right to change the Get My Vote site, terminate or cease providing the Get My Vote site, or delete content or features in any way, at any time and for any reason or no reason.

Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent

NPR respects the intellectual property rights of others. If you believe that any User Material or other content on the Get My Vote site infringes your copyrights, please provide the following information in writing to NPR's Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

2. a description of the copyrighted work that you claim has been infringed.

3. 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.

4. information so that we can contact you, such as address, telephone number and e-mail address.

5. 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.

6. 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 your User Material that was removed from the Get My Vote site, or to which access was disabled, was improperly removed or disabled, please provide the following Counter-Notification to NPR's Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

1. your physical or electronic signature

2. a description of the material that has 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.

3. 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.

4. 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.

NPR's Copyright Agent can be reached as follows:

Michelle Shanahan
Copyright Agent
National Public Radio
635 Massachusetts Avenue, NW
Washington, DC 20001
Phone: (202) 513-2040
Fax: (202) 513-3021
Email: ogcstaff@npr.org

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the Get My Vote site, please contact us.

International Users

The Get My Vote site is controlled and operated within the United States. NPR makes no representation that content, materials or products available on or through the Get My Vote site are appropriate or available for use outside of the United States. If you access the Get My Vote site 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.

Miscellaneous

These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Get My Vote site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to use of the Get My Vote web site. It is important to note that the terms of use for NPR.org, which can viewed here, are separate and distinct from these Terms of Use for the Get My Vote site. These Terms of Use shall be governed by and construed under District of Columbia 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 Use or relating to the Get My Vote site shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the District of Columbia. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Questions

If you have any questions about the Terms of Use, please contact NPR.

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