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East Palo Alto Center for Community Media Internet Web Site Terms of Use


THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB.  THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND East Palo Alto Center for Community Media (“WE,” “US” OR “EPA CENTER”) AND GOVERN YOUR ACCESS TO, AND USE OF, EPA CENTER’S WEBSITE LOCATED AT WWW.EPATODAY.ORG (THE “SITE”).  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. EPA CENTER RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WILL POST NOTICE OF THE CHANGES AND THE UPDATED TERMS ON THE SITE.  YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

General Use Restrictions
EPA Center provides content, information and materials through the Site, including, without limitation, documents, content, articles, graphics, images, advertising, trademarks and logos and other materials that are not Submissions (as defined below) (collectively, “Materials”).  These Materials are provided to you by EPA Center and are the copyrighted and/or trademarked work of EPA Center or EPA Center’s contributors. 
EPA Center grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that such display, copy or download is solely for your personal use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media).  You acknowledge and agree that you have no right to modify, edit, alter, enhance, publish, broadcast, transmit, distribute, perform, display, sell or in any way exploit any of the Materials in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms.  Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.  Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

Third Party Content
Third parties may provide certain information and content, such as articles or blog material, to EPA Center (“Third Party Content”).  The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor.  YOU ACKNOWLEDGE AND AGREE THAT THE THIRD PARTY CONTENT DOES NOT REFLECT THE VIEWS OF EPA CENTER AND THAT EPA CENTER IS NOT RESPONSIBLE FOR ANY VIEWS, IDEAS, POSITIONS, MATERIALS AND THE LIKE CONTAINED IN ANY THIRD PARTY CONTENT.   Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use.  You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. 

Certain Third Party Content may be subject to terms of use and/or privacy policies of such third parties.  Please contact the appropriate third party for further information regarding such terms.  EPA CENTER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Links To Third Party Sites
This Site may provide links to other Web sites or resources over which EPA Center does not have control (“External Web sites”).  Such links do not constitute an endorsement by EPA Center of those External Web sites.  You acknowledge that EPA Center is providing these links to you only as a convenience, and further agree that EPA Center is not responsible for the content of such External Web sites.  Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Privacy Policy
Your use of the Site is governed by EPA Center Privacy Policy that is available at  www.eptoday.org/privacy_policy. (the “Privacy Policy”).
 
Submissions
You acknowledge that you are responsible for the text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials that you submit, post or otherwise make available on the Site (each, a “Submission”) through posting areas, comment sections, blogs, e-mails or other services available in connection with this Site, and that you, and not EPA Center, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership.  Unless otherwise explicitly stated herein or in the EPA Center Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis.  Please note that, generally, Submissions will be accessible by other users on the Site.  Please be sure that any information you post on any area of the Site (including any online entry or entries that you choose to share with others, either via the Site or by emailing the entry or entries to your friends or families) is information that you are comfortable with sharing with others.  

Except as expressly set forth below, you agree that EPA Center is  free to use a Submission on an unrestricted basis for any purpose, and you grant EPA Center a sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission.  However, under the foregoing license, EPA Center shall not have the right to sell ownership rights to your Submission. Additionally, EPA Center agrees to use all of your Submissions in accordance with EPA Center’s Privacy Policy applicable to personally identifiable information.  You further agree that EPA Center may incorporate Third Party Content, including, advertising and sponsorships, on, in and/or around your Submissions.  YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO EPA CENTER, SUCH AS YOUR SUBMISSIONS.  You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you.  You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to EPA Center set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

Posting Etiquette
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Materials.  In addition, your use of the Site is conditioned on your compliance with the following rules of conduct.  You agree not to: 

The foregoing list of prohibitions is an example and is not complete or exclusive.  EPA Center reserves the right to (a) terminate your ability to post to this Site and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that EPA Center determines is inappropriate or disruptive to this Site or to any other user of this Site. EPA Center may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at EPA Center’s discretion, EPA Center will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. EPA Center does not and cannot review every Submission posted to the Site. These prohibitions do not require EPA Center to monitor, police or remove any Submissions or other information submitted by you or any other user.  

Making Donations
If you wish to make a donation to EPA Center through the Site, you will be asked by EPA Center to supply certain information applicable to your donation, including, without limitation, credit card number and account information.  You understand that any such information will be treated by EPA Center in the manner described in our Privacy Policy www.epatoday.org/privacy_policy.

You agree that all information that you provide to EPA Center will be accurate, current and complete.  You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) in connection with donations you make through the Site. 

By using all or part of this Site, you consent to receiving electronic communications from EPA Center and its partners and affiliates.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site.  These electronic communications are part of your relationship with EPA Center and you receive them as part of your use of the Site.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Unauthorized Activities
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold EPA Center and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, claims and expenses (including attorneys’ fees and costs of defense) EPA Center or any other indemnified party suffers in relation to, arising from, or in connection with your use of the Site or your breach of these Terms (including without limitation, your participation in the posting areas or, your Submissions or any violation of any applicable local, state, federal or international law, rule or regulation, or the copyrights, trademark rights or other rights of any third party).

Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs (collectively, “Trademarks”) of EPA Center or others used on this Site are the property of EPA Center or their respective owners. You may not remove or alter any Trademarks. You may not use any Trademarks without the express prior written permission of EPA Center or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks.  All of the Materials appearing on this Site, including, but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of EPA Center, Copyright © 2009 East Palo Alto Center for Community Media, unless otherwise specified.  All rights not expressly granted herein are reserved.  Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. 

Copyright and Trademark Infringements
Notification:
EPA Center respects the intellectual property rights of others, and we ask you to do the same.  EPA Center may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please  provide EPA Center’s designated agent the following information:

EPA Center’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By mail:

Henrietta J. Burroughs
East Palo Alto Center for Community Media
321 Bell Street
East Palo Alto, CA 94303

By phone:
(650) 327-5846, ext.311

By e mail:
epatoday@epatoday.org

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification:
If you are a user who posted allegedly infringing material and who received notification to that effect from EPA Center, you may elect to send us a counter notice.  To be effective such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

 

Such written notice should be sent to our designated agent as follows:

By mail:
Henrietta J. Burroughs
East Palo Alto Center for Community Media
321 Bell Street
East Palo Alto, CA 94303


By phone:
(650) 327-5846,ext.311

By e mail:
epatoday@epatoday.org

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Only the intellectual property rights owner is permitted to report potentially infringing items through EPA Center’s reporting system set forth above.  If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Disclaimer of Warranty
Your use of this Site is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by EPA Center, and they may include inaccuracies or typographical or other errors. EPA Center does not warrant the accuracy, timeliness, availability or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site or in the Materials, Submissions or Third Party Content. EPA Center has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by EPA Center or our licensors. EPA CENTER, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EPA CENTER DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability
NEITHER EPA CENTER NOR ANY OF ITS PARTNERS, LICENSORS, SUPPLIERS, AGENTS OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL EPA CENTER OR PARTNERS, LICENSORS, SUPPLIERS, AGENTS OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, EVEN IF EPA CENTER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

General
EPA Center controls and operates this Site from its headquarters in the United States and makes no representation that the Materials, Third Party Content or Submissions are appropriate or will be available for use in locations other than the United States.  If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including, but not limited to, the export and import regulations of other countries in relation to the Materials, Third Party Content or Submissions.  These Terms will be governed by the laws of the State of California and United States federal law, without regard to the choice or conflicts of law provisions.  You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in San Mateo County, California.  If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.  The failure of EPA Center to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EPA Center in writing.  The Terms comprise the entire agreement between you and EPA Center and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

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