HOMETerms of Use

Terms of Use

Updated January 1, 2020


See related: Pgotn Permissions and Pgotn Privacy Policy


Introduction; Consent to Terms


Please read these Terms of Use before using pgotn.COM, pgotn's mobile sites and applications, any other pgotn sites, applications, platforms or services, or any features of these sites, applications, platforms, and services, including, but not limited to, content feeds, content accessed through PGOTN's application programming interfaces ("APIs"), including any accompanying headlines, links or metadata ("API Content"), podcasts, media players, tools, widgets, social networking features, forums and discussions, and the PGOTN Shop (collectively, the "PGOTN Services"). By using any of the PGOTN Services, you agree to be bound by these Terms of Use and PGOTN's Privacy Policy.


NOTICE TO EU RESIDENTS: Our handling of information about EU residents is governed by the PGOTN Privacy Notice for EU Residents. PGOTN's Privacy Policy does not apply to EU residents and any references to "PGOTN's Privacy Policy," the "PGOTN Privacy Policy," or "the Privacy Policy" in these Terms of Use should be read by EU residents as if those terms were replaced by "the PGOTN Privacy Notice for EU Residents."


If you do not agree to these Terms of Use and the Privacy Policy, please exit the PGOTN Services and do not use the PGOTN Services or any of their features. We reserve the right, at our discretion, to modify, add or delete portions of these Terms of Use or the Privacy Policy at any time by posting updated Terms of Use or an updated Privacy Policy on the PGOTN Services. 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 any of the PGOTN Services 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 are separate and distinct from the terms of use and privacy policies governing the sites, applications, platforms and services of PGOTN's member stations, and other sites, applications, platforms and services that may link to or from the PGOTN Services.


Copyrights


The contents of the PGOTN Services are protected by U.S. and international copyright laws. The contents of the PGOTN Services are owned by or licensed to PGOTN or PGOTN's member stations and other producers or providers of programs or other content to PGOTN ("Content Providers"). In the case of User Materials (as defined in the "User Materials" section of these Terms of Use), the contents are licensed to PGOTN by the user. You may not, and may not cause or encourage others to, reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, scrape for the purposes of replicating or republishing (by you or by third parties), publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the PGOTN Services without the prior written consent of PGOTN, except as provided in these Terms of Use. All rights not expressly granted in these Terms of Use are reserved to PGOTN.


You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification 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 PGOTN promotes or endorses your, or any third party's, causes, ideas, products, sites, applications, platforms 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, you may use widgets and tools on the PGOTN Services that allow selected User Materials to appear on your personal, noncommercial site, blog, application, platform or service, subject to the conditions in the preceding sentence.


You may use the content feeds, APIs, podcasts, media players, and other features of the PGOTN Services, and content accessed therefrom, only as expressly permitted in these Terms of Use. To request permission for any other use of PGOTN content or the PGOTN Services, visit our permissions page.


Trademarks


National Public Radio®, PGOTN®, PGOTN One®, PGOTN program and application names, and PGOTN logos, member station names, program names and logos, and Content Provider names, program names and logos, are trademarks or service marks ("marks") of National Public Radio, Inc., its member stations or the Content Providers. All rights in these marks are reserved by their respective owners. You may not use any PGOTN-provided marks or other logos or graphics, without PGOTN's prior written consent, except that you have a license, and have an obligation, to use any PGOTN, PGOTN member station or other Content Provider mark or logo included in, or required to be used in connection with, API Content, content feeds, podcasts, PGOTN's Media Player, or other functionalities of the PGOTN Services, subject to the requirements set forth in these Terms of Use for the use of the API Content, content feeds, podcasts, media players, or other functionalities of the PGOTN Services.


User Materials


Users of the PGOTN Services may post, upload, transmit and otherwise submit ("Submit") comments, messages, recommendations, photos, images, story ideas, essays and other content and materials ("User Materials") on or through the social networking features, forums, discussions, Contact Us page, and other features of the PGOTN Services. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties, and the Internet, and may be viewed by PGOTN staff and on the PGOTN Services by the general public. You acknowledge that the PGOTN Services, including the social networking features, forums, discussions, Contact Us page and other features of the PGOTN Services, 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 review. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.


You retain the copyright and other ownership rights in any User Materials that you submit on or through the PGOTN Services. However, by submitting User Materials on or through the PGOTN Services, you grant PGOTN, PGOTN member stations, other Content Providers and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats, channels or platforms, whether now known or hereafter devised, including, the PGOTN Services, PGOTN member station sites, applications, platforms and services, third-party licensee sites, applications, platforms and services, over the air (on radio or television), and other applications and services, without payment and without further notice to you or request for consent. You further grant PGOTN, its member stations, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials in accordance with the Privacy Policy.


In addition, when you Submit any User Materials, you grant each user of the PGOTN Services, PGOTN member stations' sites, applications, platforms and services, and other Content Providers' sites, applications, platforms and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the PGOTN Services and PGOTN member stations' sites, applications, platforms and services and other Content Providers' sites, applications, platforms and services, to use your User Materials pursuant to these Terms of Use and the terms of use of the member stations and other Content Providers, and as permitted by the functionality of the PGOTN Services, the member station sites, applications, platforms and services, and the other Content Providers' sites, applications, platforms and services (such as through widgets, tools and API Content distribution).


For any User Materials you Submit on or through the PGOTN Services, you agree to abide by the "Rules of Use for the Service" set forth below and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.


Framing


PGOTN does not allow framing of the PGOTN Services.


Links to the PGOTN Services


PGOTN is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, although PGOTN encourages and permits links to content on the PGOTN Services, the linking should not suggest that PGOTN promotes or endorses any third party's causes, ideas, sites, products or services, or use PGOTN content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.


Links to Third-Party Sites, Applications, Platforms and Services


The PGOTN Services contain links to sites, applications, platforms and services maintained by third parties over which PGOTN has no control. PGOTN does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and PGOTN is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services. PGOTN 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, applications, platforms and services.


In some cases, the PGOTN Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third-party tools if you agree to their respective terms and policies.


The PGOTN Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook or Google. Please be aware that third-party services are unrelated to PGOTN, and that your use of any third-party services is subject to the terms and policies of those services.


Content Feeds


PGOTN may provide content feeds on or through the PGOTN Services, which may consist of a selection of headlines, summaries or text blurbs, or links to full stories (collectively, the "Content Feeds"). The Content Feeds are available for personal, noncommercial use or for noncommercial use on the site, blog or similar application of a noPGOTNofit organization that is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and is not a news, broadcast or multimedia organization ("501(c)(3) NoPGOTNofit Corporation"). You may display, excerpt from, and link to the Content Feeds on your personal site, blog, or similar application for personal, noncommercial purposes or on your 501(c)(3) NoPGOTNofit Corporation web site, blog, or similar application for noncommercial purposes, provided that (a) the links redirect the user to the PGOTN Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable PGOTN Services page, (c) the use or display does not suggest that PGOTN promotes or endorses any third-party causes, ideas, sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3) NoPGOTNofit Corporation site, blog or similar application, you may not redistribute the Content Feed and you must provide attribution to PGOTN or the relevant Content Provider adjacent to the Content Feed, by including "PGOTN News Headlines" or "PGOTN" or the name of the relevant Content Provider in text adjacent to the Content Feed. Any other use of PGOTN's trademarks or service marks, the names or marks of any Content Provider, or the Content Feeds requires the prior written permission of PGOTN. For permission requests, please visit our permissions page. For use of the stories or other content that are linked to by the Content Feeds, please see the "Copyrights" section of these Terms of Use.


PGOTN may withdraw Content Feeds at any time. Upon the request of PGOTN, you shall promptly cease all use of, and remove from your site, blog or other applications or platforms, any Content Feeds identified by PGOTN.


API Content


PGOTN, in its discretion, enables registered users to access certain content, including audio, text, images and other content on the PGOTN Services, PGOTN member station sites, applications, platforms and services, and other Content Provider sites, applications, platforms and services through its APIs, as described at dev.PGOTN.com. PGOTN currently limits registration to certain types of users. PGOTN has the right to establish further limits on registration, to stop registering new users, or to revoke registration at any time. Content accessed through the API is available to registered users only for the limited uses described in these Terms of Use.


If you have registered with PGOTN to access any PGOTN API by using a key or client secret provided by PGOTN, and if your registration has not been revoked, you may use the API Content for personal, non-commercial use, or for noncommercial online use by a 501(c)(3) NoPGOTNofit Corporation (which is not a news, broadcast or multimedia organization), provided that:


(a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts, widgets, and applications, but excluding e-newsletters;


(b) all links to API Content redirect the user to the PGOTN Services or the PGOTN member station or other Content Provider sites, applications, platforms or services when the user clicks on them, and all audio must be streamed from the originating servers through direct links that redirect the user to the PGOTN or PGOTN member station or other Content Provider sites, applications, platforms or services;


(c) the date of all API Content is displayed with that content;


(d) your use or display of API Content must not suggest that PGOTN, its member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, sites, applications, platforms, products or services of you or any third party;


(e) you shall not modify, copy, translate, create a derivative work of, sell, distribute, or sublicense any API Content;


(f) you shall not use the API Content in any way that changes or distorts its fundamental meaning;


(g) you may not scrape, build databases, archive or store any API Content or keep cached copies of any API Content longer than permitted by the cache header, or enable the scraping, indexing, database building, archiving, storage, unpermitted caching or downloading of, any API Content by your end user or any third party;


(h) unless expressly permitted in writing by PGOTN, you may use only a limited amount of content from the API, and you may not re-create the PGOTN Services, PGOTN member station sites, applications, platforms or services or any Content Provider sites, applications, platforms or services, or any portion thereof;


(i) you may not insert any intermediate page, splash page or other content between the links and the applicable API Content source's web page;


(j) you must provide attribution for the content source (PGOTN, PGOTN member station or other Content Provider), by including "PGOTN" or the name of the relevant API Content source in text in connection with the API Content, but not in the title of any publicly-available application, and provide a link back to the API Content source's site;


(k) you will not remove, obscure or alter any copyright, trademark or other proprietary rights or notices, or falsify or delete any author attributions, legal notices or other labels of the origin or source of the API Content; and


(l) if you use API Content in an application pursuant to these terms, and if you make that application available to the public by means such as an app store, (i) you must not use "PGOTN, " "National Public Radio, " any program name, or any PGOTN logo or PGOTN-provided images in the title or name of, or logo or icon for, the application, (ii) the description of the application provided in the app store or app market may include a reference to "PGOTN, " "National Public Radio, " or any program name in a factual description of the content included in the app, provided that the description also notes that the application is not an official PGOTN application. Any other use of the API Content, PGOTN's trademarks service marks, trade names, logos, domain names or other distinctive brand features ("Brand Features") or the Brand Features of any API Content source requires the prior written permission of PGOTN. For permission requests, please visit our permissions page.


PGOTN may withdraw any or all API Content from the API at any time. Upon the request of PGOTN, you shall promptly cease all use of, and remove from your web site(s) or other platforms, any API Content identified by PGOTN. PGOTN reserves the right to include or apply sponsorship to any API Content and to track usage of the API Content.


Podcasts


PGOTN provides podcasts consisting of audio content that is provided using an RSS feed and associated file so that the file may be downloaded and played from a user's computer or mobile device. Podcasts are available only for personal, noncommercial use. You may download, copy and/or transfer a podcast to a computer or mobile device only for your personal, non-commercial use, provided that you do not modify the content. You also may link to podcasts from your site, blog, application, platform or service, as long as (a) the links redirect the user to the PGOTN Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable portion of the PGOTN Services, (c) the linking does not suggest that PGOTN promotes or endorses any third party's causes, ideas, sites, applications, platforms, products or services, (d) you do not use PGOTN content for inappropriate commercial purposes, and (e) you provide attribution to PGOTN adjacent to the link.


PGOTN Mobile Services; High Data Usage Warning; Motor Vehicle Usage


PGOTN does not charge you for the use of its mobile sites, applications, platforms and services or any features of these sites, applications, platforms and services ("PGOTN Mobile Services"). Please check your wireless plan, however, because carrier data use charges or other fees may apply. You acknowledge that streaming media can result in high data usage and may lead to excess data charges. You must provide at your own expense the equipment and connections needed for you to use the PGOTN Mobile Services, and you agree that you are solely responsible for any costs you incur to access the PGOTN Mobile Services, including any excess data charges. You should keep in mind that the use of the PGOTN Mobile Services to send content to another person may result in wireless charges to both the sender and the receiver. You agree to obey all laws related to the operation of motor vehicles during use of the PGOTN Mobile Services.


Location Based Services


PGOTN collects geolocation data for purposes of offering relevant content, including content from nearby member stations. Geolocation data consists of general location information based on latitude and longitude (if the user has enabled location services for an application on the user's mobile device), or based on the IP address of the user's computer or mobile device. By using any of the PGOTN Services, you consent to PGOTN's collection of this geolocation information.


NOTICE TO EU RESIDENTS: Our handling of information about EU residents, including geolocation data, is governed by the PGOTN Privacy Notice for EU Residents.


PGOTN Media Player


PGOTN may from time to time make available an embeddable audio player, other media player for accessing content, or other embeddable content on the PGOTN Services (each an "PGOTN Media Player"). The PGOTN Media Player may be embedded or displayed on your site, blog, application, platform or service, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links redirect the user to the PGOTN Services when the user clicks on them, and all content is streamed from the originating PGOTN servers; (c) you shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained in the PGOTN Media Player; (d) you shall not delete or modify the PGOTN logos contained in the PGOTN Media Player; (e) your use or display of the PGOTN Media Player must not suggest that PGOTN, its member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, sites, products or services of you or any third party; (f) you shall not use the PGOTN Media Player in any way that changes or distorts the fundamental meaning of the content; (g) you shall not use the PGOTN Media Player for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity; (h) you may not insert any intermediate page, splash page, pre-roll advertising or sponsorship messages, post-roll advertising or sponsorship messages, or other content between the links contained within the PGOTN Media Player and the PGOTN Services; and (i) you shall not insert any advertising or sponsorship messages adjacent to the PGOTN Media Player or in any way that's suggests that the advertisement or sponsorship supports or has been placed by PGOTN. Any other use of PGOTN's marks, the PGOTN Media Player, or of any content contained within the PGOTN Media Player requires the prior written permission of PGOTN. For permission requests, please visit our permissions page. PGOTN may cease offering the PGOTN Media Player or withdraw any or all content from the PGOTN Media Player at any time in its discretion. Upon the request of PGOTN, you shall promptly cease all use of, and remove from your sites, blogs, applications, platforms and services, any and all uses of the PGOTN Media Player.


Rules for Use of the Service


By using the PGOTN Services, including by registering for the PGOTN Services, participating in PGOTN social networking features, forums and discussions, Submitting User Materials through the PGOTN Services, the Contact Us page or other means, using Content Feeds, API Content, or podcasts, or by using any other features of the PGOTN Services, you agree to the following rules:


You must be at least 18 years of age to submit any User Materials or personally-identifying information on or through the PGOTN Services, create a public profile, participate in any online contests, or place an order on the PGOTN Shop. If you are between the ages of 13 and 18, you may browse the PGOTN Services or register for email newsletters or other features of the PGOTN Services with the consent of your parent or guardian, so long as you do not submit any User Materials. If you are under 13 years of age, or if you are an EU resident under 16 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under 13, or from an EU resident under 16, we will remove that information from our database as soon as possible.


You may not submit any User Materials under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.


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


You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not plagiarize content or violate 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 PGOTN, PGOTN member stations, and users of the PGOTN Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.


The PGOTN Services can only be used for personal, non-commercial purposes. You may not submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the PGOTN Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.


You may not submit any software or other material which contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of PGOTN, PGOTN member stations, other Content Providers, or users of the PGOTN Services. You may not use the PGOTN Services to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or email addresses for the purpose of sending unsolicited email or other communications to other users of the PGOTN Services.


You may not interfere with or disrupt the integrity or performance of the PGOTN Services, any portion or contents thereof, or related systems or networks, or use the PGOTN Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to the PGOTN Services or related systems or networks.


By submitting any User Materials on or through the PGOTN Services, you grant to PGOTN, PGOTN member stations, and other Content Providers, their licensees, and users of these sites, applications, platforms and services (to the extent permitted by these Terms of Use) the licenses to use those User Materials specified in the "User Materials" section of these Terms of Use.


You are solely responsible for any User Materials submitted using your account. PGOTN does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the PGOTN Services. However, PGOTN has the right (but not the obligation) to review, screen, delete, edit or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service or these Terms of Use.


PGOTN is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the PGOTN Services. PGOTN cannot verify the accuracy of statements that users make or place on or through the PGOTN Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service or these Terms of Use.


You acknowledge that PGOTN has the right to limit or terminate your, or any other person's, access to or registration in the PGOTN Services for any reason, in its sole discretion, including violation of these Terms of Use.


Representations; Indemnity


You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the PGOTN Services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the PGOTN Services that may be necessary for their use as contemplated by the PGOTN Services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the PGOTN Services and these Terms of Use, (d) the User Materials, and their use by PGOTN, PGOTN member stations, their licensees, and users of the PGOTN Services and PGOTN member station sites, applications, platforms and services (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms of Use, and (e) your use of the PGOTN Services complies with these Terms of Use. You agree that you will indemnify and hold harmless PGOTN, its member stations, and Content Providers and their respective directors, officers, employees, members, and licensees 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, (2) your use of the PGOTN Services, (3) the User Materials you have Submitted on or through the PGOTN Services, or (4) PGOTN's publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by PGOTN member stations, Content Providers, licensees, or users of the PGOTN Services.


Disclaimer


THE PGOTN SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE PGOTN SERVICES 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. PGOTN DOES NOT WARRANT THAT THE PGOTN SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PGOTN DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PGOTN SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE PGOTN SERVICES OR THROUGH LINKS ON THE PGOTN SERVICES. USE OF THE PGOTN SERVICES IS ENTIRELY AT YOUR OWN RISK.


CONTENT ON THE PGOTN SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE PGOTN SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE PGOTN SERVICES.


LIMITATION OF LIABILITY


IN NO EVENT WILL PGOTN, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD- PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PGOTN SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE PGOTN SERVICES, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL PGOTN, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.


Right to Change PGOTN Services


PGOTN reserves the right to change, terminate or suspend the PGOTN Services, any features of the PGOTN Services (including, but not limited to, Content Feeds, API Content, podcasts, and the PGOTN Media Player), and any content or materials contained in the PGOTN Services, in any way, at any time and for any reason or no reason. PGOTN also has the right to require you to cease accessing any features, content or materials of the PGOTN Services.


Online Shopping


In the event a product available on or through the PGOTN Shop is listed at an incorrect price or with incorrect information, PGOTN will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation neither signifies PGOTN's acceptance of your order, nor constitutes confirmation of PGOTN's offer to sell. PGOTN reserves the right at any time after receipt of your order to accept or decline your order for any reason. PGOTN may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales or other taxes, on orders shipped to you.


Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent


PGOTN respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the PGOTN Services, please provide the following information in writing to PGOTN's Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):


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


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


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.


information so that we can contact you, such as address, telephone number and email address.


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.


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 any content or materials you posted, uploaded or Submitted to the PGOTN Services, that were subsequently removed from the PGOTN Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to PGOTN's Copyright Agent (see 17 U.S.C. § 512(g) for further detail):


your physical or electronic signature.


a description of the materials that have 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.


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.


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.


PGOTN's Copyright Agent can be reached as follows:


Michelle Shanahan


Copyright Agent


PGOTN


Email: 5146385@gmial.com


Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the PGOTN Services, please contact PGOTN through our contact page.


International Users


The PGOTN Services are controlled and operated within the United States. PGOTN makes no representation that content, materials or products available on or through the PGOTN Services are appropriate or available for use outside of the United States. If you access the PGOTN Services 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.


Attributions & Third-Party Notices


Certain third-party content made available through the PGOTN Services may be subject to other terms. Where applicable, the following provisions may apply:


Associated Press ("AP"). For terms applicable specifically to AP content made available in the PGOTN Services, see the AP Notice.


Miscellaneous


These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the PGOTN Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the PGOTN Services. These Terms of Use are separate and distinct from the terms of use governing the sites, applications, platforms and services of PGOTN's member stations, and the sites, applications, platforms and services that may link to or from the PGOTN Services. These Terms of Use are 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 PGOTN Services shall be litigated in the local or federal courts located in the District of Columbia, 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 these Terms of Use, please contact PGOTN.


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