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Terms of Use

Submitted by admin on February 27, 2007 - 11:06am. ::

PRX Service Agreement

Last Updated March 27, 2007

Preamble

The publicradioquest.com site (the “Site”) is the home site for the Public Radio Talent Quest Contest (“Contest”) sponsored by Station Resource Group, Inc. (“SRG”), a non-profit Maryland corporation. The Site is operated under a license by SRG by The Public Radio Exchange (“PRX”), a nonprofit Internet-based service for digital distribution, peer review, and licensing of radio content. PRX is about bringing new voices to the airwaves, creating a fair market for creative radio work, and helping noncommercial radio stations assemble diverse and exceptional programming.

In order for us to operate the Site and offer you the services responsibly and effectively there are legal requirements we require you to abide by in order to participate. We appreciate your understanding and are happy to answer any questions you have about this Agreement (contact us at help@publicradioquest.com or 617-576-5455).

Agreement
This PRX Service Agreement ("Agreement") is made by and between SRG, PRX (together, “the Sponsors”) and you. By affirming that you agree with these terms, or accessing or using any part of this Site, you agree that you have read and agree to the terms of this Agreement for all past, present and future uses of the Site. The provisions of this Agreement also apply to any PRX software ("Software") downloaded onto your personal computer. The Sponsors reserve the right to make changes to any part of this Agreement at any time without notification to you. The changes will apply to your use of the Site and to any use of the Software that you make after PRX posts such changes on the Site. Therefore, you should review this Agreement as posted on the Site from time to time.

Your Ability to Enter into the Agreement:
You affirm that you are either at least 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You may not submit anything to the Site, or provide any information about yourself, to PRX unless you are at least 18 years old, even if you have the consent of a parent or guardian to do so.

General Contest Rules and Conditions:
The Site facilitates the operation of online contests ("Contests") by users and other sponsors. Set forth below are the general terms and conditions ("General Rules") for organizing and participating in a Contest on the Site. Some Contests will have their own particular rules ("Official Rules"), and the Official Rules will govern and control the conduct of that Contest and supersede these General Rules to the extent of a conflict. In addition to agreeing to the terms of this Agreement, by participating in any contest, you are also agreeing to be bound the terms of that contest.

Participating in a Contest:
Any registered user (“Member”) of the Site may submit an entry in a Contest based on the qualification rules established for the contest. These persons are referred to as "Entrants." In addition, a corporate sponsor “Promotional Partner” who provides prize(s) for the Contest. [Note – the preceding is not a sentence. What are you driving at?] By participating in a Contest, Entrant certifies that he/she has followed, and agrees to be bound by, the Official Rules of the Contest, as well as these General Rules and the Terms of Service. All Entrants consent to the use of their name, likeness, entry material in any manner by PRX or the Sponsors or any other promotional partners for advertising and trade without further compensation, unless prohibited by law. By participating in a Contest, Entrants agree to be bound by the decisions of Sponsors, which are final.

Eligibility in non-prize contests:
All Members are eligible to enter any Contest on the Site that does not have a prize (a "Free Contest"), in accordance with these General Rules and any Official Rules on the Contest page for that Contest.

Eligibility in for-prize contests:
Unless otherwise provided in the Official Rules, Contests with a prize ("For-Prize Contests") are open to legal residents of the 50 United States and the District of Columbia who, as of the date of entry submission, are at least 18 years of age, or are emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these General Rules and the Official Rules. Employees of PRX, its affiliates, subsidiaries, advertising, promotional partners, and their immediate families and those living in the same household of each are not eligible to participate in any For-Prize Contest.

Duration and Entry:
Unless otherwise specified in Official Rules, Contests begin the moment that the Sponsors creates the Contest by posting it on a public page of the Site (the "Contest Page"). Contests may be designated by the Sponsors as either "open" or "closed." For open Contests, you may enter the Contest through the Contest Page. For closed Contests, the Contest Organizer must invite you to participate in the Contest. Unless otherwise noted in the Official Rules, no purchase is necessary for any Contest. The Contest Organizer may specify eligibility requirements for each contest on the Contest Page or in the Official Rules.

Invitations:
If an Entrant, you are encouraged to share your Contest or entry in the Contest with friends and family and ask them to create a free PRX account and participate in the Contest or vote for your entry. However, neither the Sponsors nor Entrant is permitted to send "spam," as further described under "User Conduct" below. You may not create multiple accounts for the purpose of voting more than once for an entry. Noncompliance with these or any other General Rule or Official Rule will result in disqualification and legal action as necessary.

Submission of Entries:
Unless otherwise noted in the Official Rules, entries must only depict the original performance (e.g., interview) or work (e.g., photography) of the Entrant. Any entry or comment which in the sole opinion of the Sponsors, a Promotional Partner or PRX is deemed inappropriate (e.g., defamatory or depicts nudity, violence or inappropriate acts, etc.) or which otherwise violate these General Rules, the Official Rules for the Contest, or these Terms of Service will be removed, and the Entrant may be disqualified. All submitted content must be in the language of the website where the contest was created (e.g., PRX uses English) unless otherwise noted in the Official Rules.

Voting:
In a ranking contest, users who have confirmed registration status with the Site will have the opportunity to rate each performance or work. The Sponsors have discretion to score and weigh entries to ensure voter accuracy and limit potential fraud.

Sponsors Tools:
The Sponsors have the right, within their own Contests, to remove entries, comments and votes that violate these General Rules, the Official Rules for the Contest or these Terms of Service.

Prize:
Prizes are provided by the Sponsors or a Promotional Partner. Not all Contests will have a prize. The details of the prize and associated worth of the prize are provided either in the Official Rules or on the Contest Page.

Winners:
To find out the name of the winner(s) of a Contest, visit the Contest Page after the specified Contest end date. Non-verified winners may be notified by email and must respond within 4 days of transmission. If PRX or the Sponsors does not receive response within this time period, the winner may be disqualified and an alternate winner will be determined. Winners may make no substitution or transfer of prize. All federal, state and local income taxes are sole responsibility of winners. Winners assume all liability for any injury, damage caused or claimed to be caused by participation in this promotion or use or redemption of any prize. PRX is not responsible for any prize awarded by any Promotional Partner, including for any warranty, support or other services associated with the prize.

Submission of Content:
The Site and Software may enable you to create content ("Content") that you submit to PRX for display on the Site, whether as an entry in a Contest or otherwise.

You retain ownership of the copyright and other intellectual property rights in the Content if it is original to you, including but not limited to your performance, subject to:
1. Sponsors's ownership of any underlying code incorporated into Content that you create with the Software; and
2. Sponsors's or third parties' ownership of material on the Site, such as lyrics and music, that may be incorporated in Content you provide to Sponsors.

By creating Content and submitting it to the Site, you hereby grant to the Sponsors a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, distribute, sublicense, modify and otherwise fully exploit any Content that you submit to the Contest. Sponsors may do any or all of the foregoing for any purpose necessary or relating to the Sponsors's services, products or advertising. Any Content that you submit is deemed non-confidential, and PRX shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.

You shall be solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize PRX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by this Site and this Agreement. The Sponsors have the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by intellectual property rights held by a third party.

You agree that the Sponsors are not responsible for any violations of any intellectual property rights in any Content that you submit to the Contest. You understand that by using these services that your Content will be publicly available to others and that the Sponsors have no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content by others.

What to Do if you Believe Anything on this Site Infringes Your Intellectual Property Rights:
Pursuant to 17 U.S.C. § 512 (The Digital Millennium Copyright Act (“DMCA”) Safe Harbor Provisions), if you are a copyright owner or agent of an owner and believe that Content on this Site or anything else on this Site infringes your intellectual property rights, please provide PRX's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

PRX’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o PRX
PO Box 382234
Cambridge MA 02238
By phone: (617) 576-5455
By email: help@publicradioquest.com

Upon receiving your complaint, The Sponsors may, in its sole discretion, remove material that you believe infringes your copyright or other intellectual property. In addition, the Sponsors may, in appropriate circumstances and at its discretion, disable and/or terminate the account of users who may be repeat infringers.

User Conduct:
You agree not to use the Site to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a contest Sponsor official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content submitted to the Site;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except that you may provide promotional materials in those areas (such as shopping) that are designated for such purpose;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
11. intentionally or unintentionally violate any applicable local, state, national or international law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 13 above.
15. Create, upload, or use any software program, set of macro keystrokes, or other method (“cheats” or “hacks”) designed to circumvent the intended use of this Site, including cheats and hacks that circumvent or violate the voting provisions of any contest.
16. Sell or make available for download for a fee any material that you find on this site, except any Content specifically created by you.
17. Offer any services for a fee related to the use of this site.

Software:
The Sponsors provides you with a limited license to use the Software you are about to download, solely for the purpose of creating Content and submitting the Content to the Sponsors for display and distribution through the Site. You shall not copy, distribute, sell, lease, lend, sub-license, or charge others to use or access, Software, or reverse engineer, disassemble or attempt to discover the structure or underlying ideas of any Software. You shall not use the Software to create Content for any use other than in connection with the Site, and you shall not provide any Content created with the Software to any third party other than the Sponsors’s. All Software is provided on an "AS IS" basis without any warranty.

Site Availability:
You understand that the Site may be taken down for maintenance from time to time and that most Site features, including access to Contests, will not be available during that time.

Termination of Services:
You may establish only one account per person, and up to two accounts per computer or address, to participate in the activities offered on the Site. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. The Site also reserves the right to deny access to anyone, including, but not limited to those players who use proxy servers and/or IP addresses residing in certain geographical areas outside of the U.S.

The Sponsors reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice, even though termination may affect your ability to participate or run contests.

Warranty Disclaimer:
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. THE SPONSOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE SPONSOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE SPONSOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability:
IN NO EVENT SHALL THE SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SPONSOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PRX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled an offered by PRX from its facilities in the United States of America. The Sponsors makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

This Agreement shall be governed in all respects by the laws of the state of Maryland as they apply to agreements entered into and to be performed entirely within Maryland, without regard to conflict of law provisions.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR RESOLVING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE USE OF THIS SITE, AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE BINDING ARBITRATION, UNDER THE AMERICAN ARBITRATION ASSOCIATION ("AAA") COMMERCIAL ARBITRATION RULES, THEN IN EFFECT. THE PARTIES ALSO AGREE THAT THE AAA OPTIONAL RULES FOR EMERGENCY MEASURES OF PROTECTION SHALL ALSO APPLY TO THE PROCEEDINGS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IN THE EVENT THAT THIS PARAGRAPH IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.

THE LOCATION OF THE ARBITRATION SHALL BE MONTOMERY COUNTY, MARYLAND, AND YOU HEREBY EXPRESSLY AGREE TO ARBITRATE THERE, AND WAIVE AND AGREE NOT TO RAISE ANY AND ALL OBJECTIONS BASED ON PERSONAL JURISDICTION, VENUE, AND/OR INCONVENIENCE OF SUCH FORUM. IN THE EVENT THAT THIS PARAGRAPH IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.

Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Maryland, County of Montgomery, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

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