http://www.communitymediacenter.net/ (the “Site”) is the main website for the Midpeninsula Community Media Center Inc. (“MCMC”). MCMC is the community access center for the cable television franchise covering Palo Alto, East Palo Alto, Stanford, Menlo Park and Atherton.
The Site displays content that is both MCMC-generated, user-generated (“User-Generated Content”), and content linked/embedded from third party websites to the Site. User-Generated Content includes, but is not limited to, videos, posts, blogs, comments and other materials created by users, which content is then hosted on the Site. Third party websites include, but are not limited to, web sites of community producers, YouTube, Vimeo, Blip.tv, Blogger.com, and Facebook, or other media sharing sites. As discussed in greater detail below, User-Generated Content and third party website content is not affiliated with MCMC, MCMC does not endorse, support, or share the viewpoint of any such content, and MCMC is not liable for any such content. MCMC-generated content may include, but is not limited to, programming schedules, class calendars, a staff newsblog, pages that promote a variety of MCMC resources and services, program highlights clips, archived media and live web-streaming of MCMC television channels.
The Site may include a feature that permits users to reserve MCMC equipment and/or facilities. Any use of such equipment and/or facilities is solely governed by a separate Midpeninsula Community Media Center Producer Agreement. Such reservation feature is provided for your convenience and MCMC does not make any representation, warranty, or guarantees regarding the availability of the equipment and/or facilities and you agree that MCMC will not be responsible for any loss, liability or damage incurred as the result of any unavailability of such equipment and/or facilities.
Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCMC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE (INCLUDING BUT NOT LIMITED TO THE SITE’S OPERATION OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MCMC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE AS TO THE SITE. MCMC DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SITE SHALL BE UNINTERRUPTED OR ERROR-FREE. THE SITE MAY BE SUBJECT TO, AND MCMC IS NOT RESPONSIBLE FOR, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations of Liability
YOU EXPRESSLY AGREE THAT YOU USE THE SITE SOLELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MCMC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS OR GOODWILL) ARISING OUT OF OR CONNECTED WITH THESE TERMS OR THE SITE (INCLUDING BUT NOT LIMITED TO THE SITE’S OPERATION OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE), REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF MCMC, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
THE MAXIMUM LIABILITY OF MCMC ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS OR THE SITE (INCLUDING BUT NOT LIMITED TO THE SITE’S OPERATION OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE) SHALL NOT EXCEED U.S. $50. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE MCMC’S LIABILITY. IN NO EVENT SHALL MCMC’S SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS OR THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF MCMC AND ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
In order to access some features of the Site, you may have to create an account. When creating your account, you represent and warrant that (a) all information provided by you to MCMC is current, accurate and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis; and (b) you are 18 years of age or older. Your account may be deleted without warning if we believe you are under 18 years of age, or if we believe you are over 18 years of age and represent yourself as under 18 years of age. You may never use another’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MCMC immediately of any breach of security or unauthorized use of your account.
MCMC reserves the right to terminate your account or restrict access to your account, or to modify or delete any content posted through your account, with or without notice, for any or for no reason, and without any liability to you. You understand that any termination of your account involves deletion of your User-Generated Content associated therewith from our live databases and we will have no liability in connection therewith.
User-Generated Content may not contain: (a) Spam, advertising or material designed to promote the sale of commercial products or services; (b) The solicitation or appeal for funds for any purpose (unless specifically authorized in writing by MCMC); (c) Material which constitutes defamation, libel, slander, invasion of privacy or publicity rights, unfair competition, violation of any intellectual property rights (e.g., trademark, copyright, patent, trade secret, or moral rights), breach of any third party agreement, or which might violate any local, state or federal law; (d) Material which constitutes or promotes any lottery or gambling enterprise; (e) Materials which is obscene, as defined by applicable law, threatening, harassing, false, offensive, pornographic, harmful to children or otherwise objectionable; or (f) Material which may create an immediate danger of damage to property or injury to persons.
Users’ comments should be relevant to the subject scope of the content commented upon. In addition, you may not use the Site to: (1) upload any computer viruses, worms, or any software intended to damage or alter a computer system or data; (2) harvest, store, or collect data regarding other users, including e-mail addresses, without their consent; (3) use automated systems (e.g., robots, spiders) on the Site, (4) interfere with or attempt to gain unauthorized access to (through password mining or other means) servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; or (5) harass or interfere with another user’s use and enjoyment of the Site.
MCMC does not pre-screen or regularly review any User-Generated Content, but MCMC has the right (though not the obligation) to modify or remove, with or without notice, any User-Generated Content for any reason, including if the content violates these Terms. This includes, but is not limited to, deleting off-topic postings or spam, and any user accounts associated with these postings.
User Representations and Warranties
By posting any User-Generated Content, you represent and warrant that you have all rights, titles, and interests to such User-Generated Content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to post the User-Generated Content. You represent and warrant that posting such content does not violate these Terms, including those in the section titled “User-Generated Content”.
MCMC does not claim ownership of the User-Generated Content you submit or make available on areas of the Site that are publicly accessible. However, by posting User-Generated Content on the Site, you automatically grant to MCMC an irrevocable, non-exclusive, royalty-free, perpetual and worldwide license to use your User-Generated Content, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, prepare derivative works of, edit, translate and reformat your User-Generated Content using any and all media or distribution methods (now known or later developed), and/or to incorporate it into a collective work, and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User-Generated Content.
If you provide feedback regarding the Site to MCMC, MCMC may use such feedback for any purpose. MCMC will treat any feedback you provide as non-confidential and non-proprietary. Thus, in the absence of a written agreement with MCMC to the contrary, you agree that you will not submit to MCMC any information or ideas that you consider to be confidential or proprietary.
DMCA Copyright Notice
MCMC is committed to complying with US copyright laws and requires all of its users to comply with these laws. We may remove or disable access to any material on the Site that is claimed to be infringing and/or terminate, in appropriate circumstances, users of the Site who are repeat infringers of intellectual property rights. Some content displayed on the Site is hosted on a third-party website. MCMC may, at its discretion, disable a link or embedded code to such content, but MCMC does not control such third-party websites. If the content is hosted on a third-party website, you should contact that website. If you believe your material is being used on the Site without permission, please notify our copyright agent:
Annie Folger, Executive Director
Midpeninsula Community Media Center
900 San Antonio Rd., Palo Alto, CA, 94303
650-494-8686 x17 (telephone)
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following elements: a) a description of how your copyright or intellectual property has been infringed; b) a description of where the infringed material is located on the site; c) your contact information; d) a statement that you believe that the use of the material is not authorized by the copyright’s owner, by its agent, or by law; e) a statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and f) your electronic or physical signature. Counter-Notification: If your posted material has been taken down you may file a counter-notification that contains the following details: a) the proof of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or disabled; b) 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 in question; c) your contact information; d) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for the District of California (where MCMC is located) and that you will accept service of process from the person who submitted a notice in compliance with the DMCA; and e) your electronic or physical signature.
You acknowledge and agree to indemnify and hold MCMC and its officers, employees, agents, independent contractors, attorneys, representatives and successors and assigns harmless from any claims, suits, losses, damages, liabilities, costs, and expenses, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of or in connection with your use of the Site or your violation of these Terms or anyapplicable laws, rules, regulations, or other requirements of local, state or federal authorities, including the infringement, or alleged infringement, by your User-Generated Content of any intellectual property right or other right of any person or entity.
MCMC or its licensors own all rights to the Site’s content (excluding User-Generated Content), including but not limited to the MCMC logo and trademark. You are not permitted to use logos or trademarks on the Site without MCMC’s or its licensors’ prior written consent (as applicable). You agree not to misappropriate the MCMC name for any use that is inconsistent with the intellectual property rights of MCMC or its licensors, including, without limitation, using the MCMC name to endorse any views. You also agree not to remove, obscure, or alter MCMC’s or its licensors’ copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Site.
Subject to these Terms, MCMC grants you a non-transferable, non-exclusive, license (without the right to sublicense) to use the Site solely for your personal, non-commercial purposes. The rights granted to you in these Terms are subject to the following restrictions: (1) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (2) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (3) you shall not access the Site in order to build a similar or competitive service; and (4) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modification/Termination of Service
MCMC disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Site. MCMC reserves the right to modify, suspend, or discontinue the Site or access to the Site without notice at any time and without any liability to you. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms.
Parental Control Protections
Pursuant to 47 U.S.C. Section 230 (d) as amended, MCMC hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet (e.g. http://en.wikipedia.org/wiki/List_of_content-control_software).
Governing Law, Entire Agreement, General Provisions.
These Terms are governed by the laws of California, without regard to conflict of law principles that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Santa Clara County, California in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. Failure of MCMC to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation.