The following rules govern the use by you of the Rikersfilm.org website (the “Site”). The rules set forth herein apply to all materials, online communications and other information that is or becomes available on the Site (collectively, “Information”). By signing on and using the Site, you specifically agree to abide by these rules and any modifications thereto.
1. Personal Uses Permitted.
You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit the Site and/or any Information for commercial purposes or otherwise use the Site and/or any Information in a manner that is inconsistent with these rules.
2. User’s Obligation to Abide By Applicable Law.
You shall abide by all applicable federal, state and 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 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 Schumann Media Center may, in the course of their regular duties, have access to communications between you and the Site for technical or operational purposes. Schumann Media Center may also disclose any such 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 the Site any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”). Schumann Media Center 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 the Site 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 the Site. The Information posted to the Site does not necessarily reflect the views of Schumann Media Center and in no event shall Schumann Media Center assume or have any responsibility or liability for any information posted to the Site or for any claims, damages or losses resulting from the use and/or appearance of such information on the Site. Schumann Media Center has no obligation to monitor or control any Information that is or becomes available on the Site. Schumann Media Center reserves the right to review any Information that is or becomes available on the Site and the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in Schumann Media Center’s sole discretion, unacceptable, undesirable or in violation of these rules and/or to terminate or suspend your access to and/or use of the Site, or any part of it. Schumann Media Center has no obligation to exercise such reservations of rights by Schumann Media Center By submitting information to Schumann Media Center, you grant Schumann Media Center a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information, and your name in connection therewith, in any and all media now know or hereinafter devised, including, without limitation, in connection with our television program series, and you represent that you have all necessary rights to authorize the foregoing. This also includes, without limitation, the right to use such information in advertising and promotion of the Site and our television program series in any and all media now known or hereinafter devised. While Schumann Media Center strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of the third-party content to which we link.
6. Copyright Agent.
Schumann Media Center respects the intellectual property of others and asks its users to do the same. If you believe that any copyrighted work of yours has been used on or in connection with the Site in a way that constitutes copyright infringement, please provide the Copyright Agent of Schumann Media Center the following information:
(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 Site;
(d) your address, telephone number, and email 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 the copyright owner or authorized to act on the copyright owner’s behalf.
Schumann Media Center’s Copyright Agent for notice of claims of copyright infringement on its Site is Judy Doctoroff, who can be reached as follows: Judy Doctoroff, President and Executive Producer, Public Square Media, doctor[at] publicsquaremedia.org. Without limitation of any of its other rights and remedies under these rules, the policy of Schumann Media Center is to terminate access to the Site by repeat infringers of copyright.
7. Podcasts.
The MP3 audio files and XML files that together comprise a Site-hosted podcast (herein referred to as the “podcast”) are protected by U.S. and international copyright laws. All rights to podcast(s) originating from the Site, including the content and technology included therein, are reserved to the Schumann Media Center Site-hosted podcast(s) are available for personal, noncommercial use only. You may link to Site-hosted podcast(s) from your personal Web site and audio files may be downloaded and played on any system for personal, noncommercial purposes, provided that, unless permission to do so is expressly stated:
(a) you do not modify or delete any of the podcast content nor individual audio files;
(b) you do not redistribute the MP3 audio files made available as part of the podcast nor any audio file downloaded from the Site;
(c) the use or display does not suggest that Schumann Media Center, local public television stations nor the producer of the podcast(s) promotes or endorses any third party causes, ideas, Web sites, products or services;
(d) audio files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from the producer and Schumann Media Center, except as permitted by law.
For permission requests, please contact us.
Schumann Media Center reserves the right to discontinue providing podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the podcast at any time for any reason.
Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the podcast producer, Schumann Media Center, nor any local station be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the podcast(s).
8. Ownership.
All elements of the Site, including without limitation, software, text, graphics, logos, button icons, images, audio clips, streams, downloads, and data compilations, (but specifically excluding any Information you put on the Site), are as between you and Schumann Media Center, the sole property of Schumann Media Center or its licensors, and protected by United States and international law, including copyright law. All rights reserved. All other trademarks on the Site are the property of their respective owners. Except for content for which Schumann Media Center gives explicit authorization, or as otherwise permitted under law, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way.
9. Disclaimer of Warranties.
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Neither Schumann Media Center nor public television stations warrant that any information is complete or accurate, that the site will be uninterrupted or error free or that any information is free of rogue programming. No advice or information obtained by you from or through the site shall create any warranty not expressly stated in these terms of use.
Your downloading of any information from or through the Site is at your own discretion and risk. Without limitation, you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
10. Limitation of Damages.
Under no circumstances, including negligence, shall Schumann Media Center or public television stations be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use the Site, including without limitation use of or reliance on information available on the Site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, unauthorized access to or alteration of your content, statements of conduct of any third party on the site, or any other matter relating to the Site and/or failure of performance.
11. Release and Indemnity.
You hereby release and waive any and all claims and/or liability against Schumann Media Center and/or public television stations arising from or in connection with your use of the Site. You also agree to defend, indemnify and hold harmless, Schumann Media Center and public television stations, from and against, any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Site that is inconsistent with these Terms of Use or failure to abide by applicable law.
12. Privacy Policy.
Please review our Privacy Policy, which governs our gathering and use of information about you. The Privacy Policy is part of these Terms of Use and by accessing the Site, you accept our Privacy Policy.
13. Locations Outside the United States.
Schumann Media Center makes no representation that the contents of the Site are appropriate or authorized in locations other than the United States of America. Those who choose to access the Site from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws. Software from this site is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of, or into, Cuba, Iran, North Korea, Iran, Syria or any other country to which the United States has restricted or controlled export; or to anyone forbidden by the government of the United States.
14. Governing Law.
You agree that your use of the Site, these Terms of Use and any disputes relating thereto shall be governed in all respects by the laws of the State of New York. Any dispute relating to these Terms of Use shall be resolved solely in the state or federal courts located in Manhattan, New York.
15. Terms and Conditions for Use of ShopPBS and Amazon.
Please read the Terms of Conditions for Use of ShopPBS and Amazon carefully before accessing the services. By accessing the services, you agree to be bound by the terms and conditions below.
16. Modifications.
Schumann Media Center may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online.