1. GENERAL RULES AND DEFINITIONS
1.3 We may change, suspend or discontinue any aspect of the Services at any time.
1.4 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of Detroit Educational Television Foundation, distribute or otherwise publish any material on the website or utilizing the Services containing any solicitation of funds, advertising or solicitation for goods or services.
2.2 You may download the Content and other downloadable items displayed on the Services for personal use only, provided that: (a) you maintain all copyright and other notices contained therein; (b) you do not modify the content; (c) you do not use the content in a manner that suggests Detroit Educational Television Foundation promotes or endorses your, or any third parties, causes, ideas, websites, products or services; and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Detroit Educational Television Foundation's Executive Producer, or the copyright holder identified in the copyright notice contained in the Content.
2.3 You may link to or embed the Content on your personal website, blog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation website, blog, or similar application for noncommercial purposes. You may display or excerpt from the Content provided that you obtain prior written consent, by contacting us at Detroit Educational Television Foundation. Your right to link, and potential right to display or excerpt from the Content, are contingent on abiding by the following provisions: (a) the links must redirect the user to the Detroit Educational Television Foundation 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 Detroit Educational Television Foundation Services page; (c) the use or display does not suggest that Detroit Educational Television Foundation promotes or endorses any third party causes, ideas, websites, products or services; (d) the fundamental meaning of the content, 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.
2.4 If you wish to use the Content in any way not enumerated in Section 2.3 above, express prior written consent is required. Please contact us at Detroit Educational Television Foundation for details.
3. USER GENERATED CONTENT AND SUBMISSIONS, INCLUDING COMMENTS
3.2 The following is a list of User Content Rules. By using the Interactive Areas you agree to abide by these rules. Detroit Educational Television Foundation reserves the right to change, modify, add or remove rules at any time. Specifically, you agree not to:
- Upload, post or otherwise transmit User Content which contains advertising or any solicitation with respect to products or services;
- Upload, post or otherwise transmit User Content that contains any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material;
- Upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of the relevant Interactive Area;
- Impersonate any person or entity, including, but not limited to, any Detroit Educational Television Foundation employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about Detroit Educational Television Foundation or website users or posting private information about a third party;
- Upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
- Interfere with or disrupt the Services or the servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; and
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You further agree to:
- Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam;” and
- Use respectful language. Like any community, the online conversation flourishes only when our users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, and disability. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
3.3 You acknowledge that any User Content you submit to the Services may be edited, removed, modified, published, transmitted, and displayed by Detroit Educational Television Foundation , and you waive any rights you may have in having the User Content altered or changed in a manner not agreeable to you.
3.5 Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that: (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Detroit Educational Television Foundation or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Detroit Educational Television Foundation, and its licensees, successors and assigns, from any claims that you could otherwise assert against Detroit Educational Television Foundation by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
3.6 You are solely responsible for the content of the User Content you submit. However, while Detroit Educational Television Foundation does not and cannot review every submission and is not responsible for the content of these messages, Detroit Educational Television Foundation reserves the right to delete, remove, move, or edit User Content that it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable for any reason in Detroit Educational Television Foundation's sole discretion.
4. THIRD PARTY CONTENT – HYPERLINK DISCLAIMER
4.1 Detroit Educational Television Foundation is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Services, are those of the respective author(s) or user(s) and not of Detroit Educational Television Foundation. If you decide to visit any links to other sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. In many instances, the content available through the Services represents the opinions and judgments of the respective user or information provider not under contract with Detroit Educational Television Foundation. Detroit Educational Television Foundation neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by any third party. By providing links to other sites, Detroit Educational Television Foundation does not guarantee, investigate, monitor, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Detroit Educational Television Foundation or the Services. Under no circumstances will Detroit Educational Television Foundation be liable for any loss or damage caused by your use or reliance on information obtained through the Services. Detroit Educational Television Foundation is not responsible for any actions or inaction on your part based on the information that is presented on the Services. If you decide to visit any links to other sites and/or transact any business on them, you do so at your own risk. Detroit Educational Television Foundation reserves the right to discontinue any other site link at any time without prior notice. Please contact the webmasters of any site link concerning any information, goods, and/or services appearing on them.
4.2 DETROIT EDUCATIONAL TELEVISION FOUNDATION MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SERVICES DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. SEEK PROFESSIONAL MEDICAL ADVICE IF YOU HAVE QUESTIONS RELATED TO THE SERVICES OR THE CONTENT FOR ANY HEALTH, FITNESS OR NUTRITIONAL INFORMATION OR BEFORE YOU BEGIN ANY NEW HEALTH, FITNESS OR NUTRITIONAL PROGRAM.
5. COPYRIGHTS AND COPYRIGHT AGENT
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. REPRESENTATIONS AND WARRANTIES
6.1 You represent, warrant and covenant: (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old, and that if you submit any User Materials or personally-identifying information on or through the Services, you are at least 18 years old.
6.2 You hereby indemnify, defend and hold harmless Detroit Educational Television Foundation and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach or violation by you or any user of your account of this Agreement, your use of the site, violation of any law or regulation, or violation of any proprietary or privacy right. or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Detroit Educational Television Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and seek reimbursement from you for all expenses and costs associated with such defense.
7. LIMITATION OF LIABILITY
7.1 IN NO EVENT WILL DETROIT EDUCATIONAL TELEVISION FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND INFORMATION PROVIDERS BE LIABLE IN TORT, CONTRACT OR OTHERWISE: (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES; (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICES; OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER CONTENT) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
7.2 You expressly agree that use of the Services and Content is at your sole risk. Neither Detroit Educational Television Foundation, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that these Services or Content will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Services or Content, or as to the accuracy, completeness, reliability, security, or currency of the Services or Content.
The Services or Content may contain errors, omissions, inaccuracies, or outdated information. Further, Detroit Educational Television Foundation does not warrant reliability of any statement or other information displayed or distributed through the site. Detroit Educational Television Foundation reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Services or Content. Detroit Educational Television Foundation may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in the Services or Content at any time without notice.
THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS”, “WHERE IS,” AND “WHERE AVAILABLE” BASIS. DETROIT EDUCATIONAL TELEVISION FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIESOF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE CONTENT, INFORMATION, OR THE MATERIAL. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW DETROIT EDUCATIONAL TELEVISION FOUNDATION EXPRESSLY DISCLAIMS , WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
8. LIMITATIONS ON CLAIMS. Any cause of action you may have with respect to your use of the Services or Content must be commenced within one (1) year after the claim or cause of action arises.
9. TERM AND TERMINATION. Without limiting its other remedies, Detroit Educational Television Foundation may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in its sole discretion.
10.1 Detroit Educational Television Foundation may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Detroit Educational Television Foundation does not and will not assume any obligation to notify you of changes to this Agreement.
10.3 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by Detroit Educational Television Foundation, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
10.5 Correspondence, or requests for information regarding web posting, reprint, transcript or licensing of Detroit Educational Television Foundation material, should be sent to us through our Contact Us page.
10.6 This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Detroit Educational Television Foundation makes no representation that the materials are appropriate or available for use outside the United States. If you access the Services or Content from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Oakland County, Michigan for any disputes with Detroit Educational Television Foundation arising out of your use of this site, the Services or Content.
10.7 This Agreement constitutes the entire agreement between Detroit Educational Television Foundation and you with respect to this site the Services or Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Detroit Educational Television Foundation with respect to this site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
10.8 You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Detroit Educational Television Foundation solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Last updated January 29, 2013.