YUPntwk, an initiative of Connecticut Public Broadcasting, Inc. (“CPBI”). CPBI
is committed to the privacy and information provided by visitors to its CPBI Services.
Please read it carefully and note that the CPBI Services may contain links to
various third party sites. Please consult these sites to learn more about their
(A) Gathering of Information
(1) General. CPBI
collects personal information through ctpublic.org (including cptv.org,
wnrp.org, and yupntwk.org), but only when voluntarily provided by visitors to
(2) Personally Identifiable Information. CPBI collects personally identifiable
information, such as your name, your e-mail address, your telephone number,
and/or your credit card information, from the CPBI Services for a variety of
purposes. This personally identifiable information is provided by you
voluntarily and you may voluntarily supply this information in connection with
(i) registration for contents, sweepstakes and ticket giveaways, (ii)
registration for sites or services which require registration (such as
subscribing to email newsletters or commenting on stories or social media
networks), (iii) making an online donation, (iv) sending correspondence to CPBI,
(v) submitting a photo or other User Generated Content, and (vi) e-commerce
transactions. CPBI will not collect personally identifiable information from
you, other than what you supply on a voluntary basis.
(3) Social Networking. CPBI may ask visitors
to provide personal information for other limited uses specified at the time
the information is gathered. Any information you submit on or through social
networking features, as part of a story, blog comments forums or discussions,
or in response to CPBI’s request for User Generated Content may become public,
including the full name and/or nickname you provide when submitting.
(4) Non-personally Identifiable Information. CPBI may collect non-personally identifiable information, such
as IP addresses and cookies, which includes tracking information collected as
you navigate or use the CPBI Services. Additionally, within CPBI’s mobile sites
and applications, including any feature of these sites andapplications (“CPBI
Mobile Services”), CPBI collects a device’s operating system, phone model,
application version, automobile make, and content preferences. CPBI also may
collect in the future geolocation data through the CPBI Services. Geolocation
data consists of general location information based on latitude and longitude,
rounded to a few miles radius, or based on IP addresses.
Like all Webservers, CPBI’s Webserver automatically creates log files for each
visitor who accesses the CPBI Services. These “access logs” allow us to improve
and make our site and services more useful to our visitors. By reviewing these
logs, we can better understand our visitors which allows us to improve the
Services, the site and to provide you with an optimal experience and better
service. At no time do the logs reveal your name, address, or email address,
even if you have entered these in other areas while using the Service. The CPBI
Service pages cannot extract any personally-identifiable information about you.
(b) As is common practice among web sites, we use “cookies” and similar
technologies. In general, cookies — the informational files that your web
browser places on your computer when you visit a website — are used to track
and analyze how you and other visitors use our Site. We use these cookies in
order to improve the CPBI Services, to identify the source of visitors and what
pages your using of the CPBI Services, to offer visitors interactive and/or
personalized features that would not be possible without the cookies, to recall
specific information to save visitors time when they return to use the CPBI
Services, to provide our sponsors targeted sponsorship opportunities, to
provide visitors customized sponsorship messages or list of customized videos
of interest, and to identify usage and statistical trends. By looking at this
traffic we can better understand our community, which allows us to improve the
CPBI Services and to provide you with an optimal experience and better service.
Our sponsorship service vendors, which serve sponsorship messages onto our
site, and third party vendors that measure and analyze the use of the CPBI
Services for us, may also use their own cookies. At no time does the cookie
reveal your name, address, or e-mail address (even if you have entered these in
specific areas of the Site). The CPBI Services pages cannot extract any
personally identifying information about you from what we receive via a cookie
and your browser.
(c) Opt-Out. If you so choose, you may set your browser preferences to refuse
cookies or alert you when cookies are being sent. However, some parts of the
CPBI Services may not function properly if you do so. Opting out is
cookie-based and will only affect the specific computer and browser on which
the opt-out is applied. If you subsequently delete your browser cookies, you
will need to opt-out again.
(B) Use of Information
CPBI, or any third party vendor acting on CPBI’s behalf to assist in delivering
and operating the CPBI Services, will not willfully disclose any
personally-identifiable information about online users or website visitors to
any non-affiliated third party without first receiving the user or visitor’s
permission or unless required by law.
The use of personally-identifiable information is limited to the following
activities, should they exist currently or become available in the future:
managing and administering the CPBI Services; responding to user messages;
listing name and location (city, state and/or country) information provided by users
when broadcasting or publishing User Generated Materials; fulfillment of
purchases made through the CPBI Services; offering access to CPBI tours and
events; contest management; editorial purposes such as contacting users for an
online survey; sending CPBI e-mail newsletters and other communications,
including marketing and promotional communications, from CPBI or CPBI member
stations to users who have ‘opted in’ to the receipt of such communications;
other internal CPBI or CPBI member station purposes; and other purposes
specified at the time the information is gathered. Any geolocation data
collected through CPBI Services is used to offer relevant content, including
content from nearby Member stations to the visitor. CPBI may contact users
regarding their submissions in certain circumstances.
Social Networking. Any information that you disclose when participating in the
CPBI social networking features, forums or discussions, such as your full name
and any nickname, is likely to become public. This information may be posted on
the CPBI Services and on the platform of CPBI’s third party discussion services
vendor. In addition, CPBI, its member stations and their licensees, may use,
copy, sublicense, modify, transmit, publicly perform, display, create
derivative works of, host, index, cache, tag, encode, and/or adapt any User
Generated Content, and any information contained therein, in any and all media
formats or channels, whether now known or hereafter devised, including, but not
limited to, the CPBI Services, CPBI member station web sites and services,
other third party web sites and services, over the air (on radio or
television), and on mobile platforms. If you send User Generated Content to CPBI
through the CPBI Services, we may print the User Generated Content, or an
excerpt from the User Generated Content, on the CPBI Services, read them on
air, or otherwise publish them in any other medium, together with your name and
location (city, state and/or country) if you provide that information to CPBI.
Opt-out. If you do not want your personally-identifiable information to be
collected or used for any of the above-mentioned purposes, please do not
provide it (please note that opting out of providing some
personally-identifiable information may cause you to not be able to use or
participate in certain features of the CPBI Services).
CPBI does not sell, exchange, or lend email addresses with any third party
unless specified and the user consents at the time of the submission.
CPBI reserves the right to send you email relating to CPBI Services or account
status. This may include order confirmations, notices of credit card problems,
other transactional emails and notifications about major changes to the CPBI
discussions or other services or newsletters, you may receive email specific to
your participation in those activities.
CPBI offers and may offer in the future several e-mail newsletters and emails.
We will always provide a clear and convenient method of unsubscribing to our
e-mailings. If you no longer wish to receive a specific newsletter, follow the
“unsubscribe” instructions located in each newsletter or email, or go to the
Site’s Contact Us page and send us a message. We will update our records as
soon as possible.
CPBI, with the assistance from time to time of its third party service vendors,
uses non-identifying aggregate information to analyze use of and better design
the CPBI Services and to share with third parties in aggregate form only as
appropriate. For example, we may tell a third party that a certain number of
users accessed a particular video on a site. However, we will not disclose any
information that could be used to identify those users.
(C) Security of Information
has in place what it believes to be appropriate physical, electronic, and
managerial procedures to safeguard and secure the information we collect
online. Credit card information submitted to any of CPBI Services is protected
against unauthorized use by Secure Sockets Layer (SSL) security features. The
SSL protocol is the industry standard method for creating an encrypted, secure
connection between your web browser and a web server, such as the Site’s
server. You should, however, keep in mind that no Internet or e-mail
transmission is ever fully secure or error free. Because most e-mail is not
encrypted, you should take special care in deciding what information you send
to us via e-mail.
(D) Guidelines for Minors
(1) Under 13: If you are under thirteen (13) years of age, please do not
send any information about yourself, including your name, address and/or email
address. If CPBI learns that it has collected any personally-identifiable
information from a child under the age of 13, we will remove that information
as soon as possible. Any portion of CPBI Services that are directed to children
under the age of 13 comply with COPPA (Children’s Online Privacy Protection Act
(2) Ages 13-18. You must be at least
eighteen (18) years of age to submit any User Generated Content on or through
the CPBI Services, participate in any online contests, or purchase anything
from any CPBI initiatives. Visitors between the ages of 13 and 18 must obtain
permission from their parents or guardians before registering for email
newsletters or other features of the CPBI Services or otherwise sending any
using the CPBI Services, you signify agreement to the terms and conditions of
Please check this page periodically. Your continued use of the CPBI Services
following the posting of any changes to these terms shall mean that you have
accepted those changes.
(F) Links to Other Sites and Services
Services contain links to other site, application and services maintained by
third parties that may have different privacy policies from CPBI. In some
cases, the CPBI Services may include certain embedded tools that are provided
and controlled by third parties and governed by the policies of third parties.
You should only use these third party tools if you agree to their respective
terms and policies.
CPBI Services include or may include in the future a tool that allows you to
sign in or share content using information from your account with a third party
service, such as various social networking sites. Please be aware that those
third party services are unrelated to CPBI and your use of the third party
services is subject to the terms and policies of those services.
as of August 13, 2018.)
Introduction: Consent to Terms
following terms and conditions (known hereafter as “Terms”) govern use of ctpublic.org,
CPBI’s mobile sites and applications, any other CPBI site, applications of
services, or any features of these sites, applications and services
(collectively known hereafter as the “CPBI Services”). Please read these Terms
carefully. By using the CPBI Services you agree to be bound by these Terms and
Privacy Policies. If you do not agree to these Terms or Privacy Policies,
please exit the Site and do not use any of the CPBI Services.
privacy policies governing the websites, applications and services of CPBI’s
member stations, and other websites, application and services that may link to
or from the CPBI Services.
(1) Age. You
must (i) be at least eighteen (18) years of age, or (ii) be an emancipated
minor, or, (iii) if you are not eighteen (18) but are over the age of thirteen
(13) have the permission of your parent(s) or legal guardian(s), to register
and/or use CPBI Services, submit any User Generated Content (defined below) or
personally-identifying information on or through CPBI Services; participate in
any online contests (unless otherwise noted in the contest rules). If you are
between the ages of 13 and 18, you may browse the CPBI Services or register for
email newsletters or other CPBI Services with the consent of your parent(s) or
legal guardian(s) provided you do not submit any User Generated Content. If you
are under 13, please do not send any information about yourself, including your
name, address or email address. If we discover that we have collected any
personally-identifying information from a child under the age of 13, we will
remove that information from our database as soon as possible.
(2) Personal, Non-Commercial Use Only. The CPBI Services can only be used for
personal, non-commercial purposes. For complete clarity, this clause means that
the CPBI Services may not be used in any commercial tie-in (use of any content
in the CPBI Services in connection with marketing merchandise or services
and/or in connection with premiums or promotions, or use of the CPBI Services
in order to gain advertising or subscription revenue. You cannot charge anyone
for the CPBI Services or the content therein. You cannot incorporate the CPBI
Services into a product that you sell or exchange in return for consideration
of any kind. You cannot use the CPBI Services to advertise or promote a
product. You cannot submit any material containing any solicitation of funds,
advertising, promotion, solicitation of goods and services or recruiting. You
may not use the CPBI services for political campaigning, recruiting votes, or
soliciting support for legislative or other initiatives. In addition, you
cannot use any of the CPBI Services in a defamatory, derogatory or offensive
You may not circumvent, disable or otherwise interfere with security-related
features of the CPBI Services or features that prevent or restrict use or
copying of any content. You further agree not to reverse engineer or jeopardize
the correct functioning of the CPBI Services to attempt to gain access to
secured portions of the CPBI Services to which you do not possess access
(b) You may not collect or harvest any personally identifiable information from
the CPBI Services, nor use the communications system that may now, or in the
future, be provided by CPBI Services, which includes but is not limited to,
blogs, discussion boards, comments, questions and answers.
(c) You may not use the CPBI Services to generate unsolicited email
advertisements or SPAM, to conduct or promote any illegal activity, for
political campaigning, or for soliciting support for legislative or any other
(d) You may not remove, copy, alter, reproduce, modify, create derivative works
of, republish, post, publicly perform, publicly display, broadcast, download,
transmit, distribute, license or commercially exploit, in whole or in part, the
content of the CPBI Services, except as expressly permitted or by the
respective content owner as indicated in any end user license agreement that
accompanies such content, and provided that you include without modification
all copyright and other proprietary notices contained in the content.
(B) User Generated Content
Definition. The CPBI Services now or in the future may permit the submission of
videos, images, textual content or other content submitted by you and other
You shall be solely responsible for your own User Generated Content and the
consequences of CPBI posting, publishing or otherwise distributing such
content. You may not submit any User Generated Content anonymously or under a
false name or a false e-mail address. You may not impersonate another user or
provide any false information about yourself.
By submitting User Generated Content on or through CPBI Services, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses,
rights, consents and permissions to upload, use and authorize CPBI to use all
patent, trademark, trade secret, copyright and other proprietary rights,
including privacy and publicity rights, in and to any User Generated Content to
enable inclusion, distribution and use of the User Generated Content in the
manner contemplated by the CPBI Services and these Terms: (ii) you have the
written consent, release, and/or permission of each and every identifiable
individual person in the User Generated Content to use the name or likeness of
each and every such identifiable individual person to enable inclusion,
distribution and use of the User Generated Content in the manner contemplated
by the CPBI Services and these Terms; (iii) the User Generated Content is your own
original work and that you own or control the necessary rights to enable
inclusion, distribution and use of the User Generated Content in the manner
contemplated by the CPBI Services and these Terms; (iv) the User Generated
Content does not in any way violate any laws, rules or regulations, (v) the
User Generated Content is not in any way derogatory, abusive, defamatory,
invasive of privacy or publicity rights, harmful to children, vulgar, profane,
lewd, obscene, offensive, pornographic, threatening, harassing, violent,
racist, or hateful, nor does it encourage conduct that would be considered a
criminal offense, or give rise to civil liability; (vi) the User Generated
Content does not violate or infringe upon the rights of any person or entity
whatsoever; (vii) the User Generated Content is not an endorsement, express or
implied, of any party, product, or other entity and (viii) you have not
received payment or consideration of any kind for submitting the User Generated
Content on or through CPBI Services.
Unless you enter into a separate written agreement with CPBI, CPBI does not
claim ownership in User Generated Content you submit; however, by submitting
the User Generated Content to CPBI, you hereby waive any and all moral rights
in connection with the User Generated Content and you automatically grant CPBI
and its licensees, a perpetual, worldwide, non-exclusive, royalty-free, and
transferable license to use, reproduce, distribute, sub-license, modify, create
derivative works of (including without limitation, to rename, edit, shorten, if
video – split the videos into different segments, and use the entire User
Generated Content or segments thereof), publish, transfer, transmit, publicly
display, publicly perform, host, index, cache, tag, encode, and/or adapt the
User Generated Content in any and all media formats and channels, including,
but not limited to, the CPBI Services (including the advertisement and
promotion thereof), third party licensee websites, over the air (on radio or
television), and on mobile platforms, without payment and without further
consent or notice to you. You further grant CPBI and its licensees the right to
contact you in connection with your User Generated Content and to use your
name, city and state or province and other information that you have provided
in connection with the User Generated Content.
You also hereby grant each user of the CPBI Services a non-exclusive license to
access your User Generated Content through the CPBI Services, and to use,
reproduce, distribute, create derivative works of, publish, transfer, transmit,
publicly display and publicly perform such User Generated Content (in whole or
in part) as permitted through the functionality of the CPBI Services and under
CPBI does not permit the infringement of intellectual property rights,
including copyright, and CPBI will remove User Generated Content (and any other
content) if properly notified that such Content infringement on another’s
intellectual property rights. CPBI reserves the right to remove User Generated
Content (and any other content) without prior notice.
CPBI does not and cannot now or in the future review all User Generated Content
submitted and is not responsible for any User Generated Content submitted by
you or others on or through the CPBI Services. CPBI does have the right (but
not the obligation) to review, screen, delete, edit and/or move any User
Generated Content that it deems, in its sole discretion, to be in violation of
these Terms or for any other reason, as determined in CPBI’s sole discretion.
CPBI is not responsible or liable for any User Generated Content submitted by
you or any third party on or through CPBI Services. CPBI does not verify the
accuracy of statements that users make or place on or through the CPBI Services
and does not guarantee that any User Generated Content has been submitted with
the permission of the copyright or proprietary owner or are otherwise in
compliance with these Terms.
By using the CPBI Services, you agree to abide by these Terms. You acknowledge
that CPBI has the right (but not the obligation) to review, screen, delete,
edit, or move content or materials that it deems, in its sole discretion, to be
in violation of these Terms or for any other reason. You further acknowledge
that CPBI has the right to limit or terminate your or any other person’s,
access to or registration in the CPBI Services for any reason, in its sole
discretion, including the violations of these Terms.
All rights, including copyright and database right in the contents of the CPBI
Services (including all text, images, software, illustrations, artwork, high
resolution photography, video clips, audio clips, any after sales-material, and
ancillary materials) are owned by or licensed to CPBI or CPBI’s member stations
and other producers or providers or programs or cotenant to CPBI (“Content
Providers”), or otherwise used by CPBI as permitted by applicable law or
agreement and are protected by U.S. and international copyright laws.
You may not reproduce, distribute, republish, upload, transmit, display,
prepare derivative works of, publicly perform, sell, transfer, assign, license
or use for commercial purposes any copyrighted material on the CPBI Services
without the prior written consent of CPBI, except as provided below. All rights
not expressly granted in these Terms or reserved to CPBI.
You may copy, download one copy on a single computer, and print a limited
amount of content from the CPBI Services for your personal, non-commercial use
only, provided that (i) you include without modification all copyright and
other proprietary notices contained in the content, (ii) you do not modify the
content (iii) you do not use the content in a manner that suggests CPBI
promotes or endorses your, or any other third party’s causes, ideas, website,
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.
You may use widgets and tools on the CPBI Services that allow selected User
Generated Content to appear on your personal, non-commercial website, weblog or
other applications, subject to the conditions in the above clause.
No quotes from any material on the CPBI Services may be used in any media
without attribution to CPBI.
You may use the Content Feeds, APO Content, Podcasts, CPBI Media Player, and
other features of the CPBI Services only as expressly permitted in the relevant
prior written permission from CPBI.
Permission requests, including print republishing requests, can be acquired by
contacting CPBI and then agreeing to the print syndication terms as described
in the syndication usage page.
trademarks, service marks, and trade names are proprietary to CPBI, its member
stations or its content providers, unless otherwise noted, in which case they
are the trademarks service marks, and/or trade names of the respective owner as
indicated by the mark, as the case may be. All rights are reserved by their
respective owners. You may not use any CPBI-provided service marks, trade
names, logos or graphics, without CPBI’s written consent, except that you shall
have the right, and obligation to use any CPBI or other content provider
service mark or name included in, or required to be used in connection with,
Content or other functionalities of the CPBI Services, subject to the
requirements set for in these Terms.
(E) Links to CPBI Services
encourages and permits links to certain content on the CPBI Services. However,
CPBI is an organization committed to the highest journalistic ethics and
standards and to independent, non-commercial journalism, both in fact and
appearance. Therefore, the linking should not (i) suggest that CPBI promotes
any third party’s causes, ideas, websites, products or services, or (b) use CPBI
content or inappropriate commercial purposes or in any way that is unlawful or
harmful to any other person or entity. CPBI reserves the right to withdraw
permission for any link.
(F) Links to Third Party Sites and Services
The CPBI Services may contain links to third party web sites, applications and
services maintained by third parties, over which CPBI has no control. CPBI does
not endorse the content, operators, products or services of such third party
sites, and CPBI is not responsible or liable for the content, operators,
availability, accuracy, quality, advertising, products, services or other
materials on or available from such third party sites. CPBI is not responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
products or services available on or through such third party sites.
In some cases, the CPBI Services may include certain embedded tools provided
and controlled by third parties and governed by the terms and policies of the
third parties. You should only use these third party tools if you agree to
their respective terms and policies.
(G) Content Feeds
CPBI may provide content feeds on or through the CPBI Services, consisting of a
selection of headlines, summaries or text blurbs, and links to full stories,
which are delivered to users using Really Simple Syndication technology, other
XML (eXtensible Markup Language) technology, or other syndication technology
(collectively, the “Content Feeds”). Such Content Feeds may be made available
for personal, noncommercial use or for noncommercial use on the website, weblog
or similar application of a nonprofit corporation which is exempt from federal
income taxes under Section 501(c)(3) of the Internal Revenue Code and which is
not a news, broadcast or multimedia organization (“501(c)(3) Nonprofit
Corporation”). You may display, excerpt from, and link to such Content Feeds on
your personal website, blog, or similar application for personal, noncommercial
purposes or on your 501(c)(3) Nonprofit Corporation website, weblog, or similar
application for noncommercial purposes, provided that (a) the links redirect
the user to the CPBI 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 CPBI Services page, (c) the use or display does not suggest
that CPBI promotes or endorses any third party causes, ideas, websites,
products or services, (d) the fundamental meaning of the content contained in
the Content Feeds, 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 Feeds. If you display an entire Content Feed on your
personal or 501(c)(3) Nonprofit Corporation website, weblog or similar
application, (a) you may not redistribute the Content Feed, and (b) you must
provide attribution to CPBI or the relevant Content Provider adjacent to the
Content Feed, by including “CPBI News Headlines” or “CPBI” or the name of the
relevant Content Provider in text adjacent to the Content Feed. Any other use
of CPBI’s trademarks or service marks, the names or service marks of any
Content Provider, or of the Content Feeds requires the prior written permission
of CPBI. For use of the stories or other content that are linked to by the
Content Feeds, please see the Copyrights section of these Terms.
CPBI may withdraw Content Feeds at any time. Upon request, you shall promptly
cease all use of, and remove from your website(s) or other platforms, any
Content Feed identified by CPBI.
provides podcasts (the “Podcasts”) consisting of selected content that is
provided using an XML feed and associated audio file so that the audio file may
be downloaded and played from a user’s computer, mobile device or other
portable listening device. Podcasts are available for personal, noncommercial
use only. You may download, copy, and/or transfer to a mobile or portable
listening device the Podcasts for your personal, non-commercial use only,
provided that you do not modify the content. You also may link to Podcasts from
your website, blog or similar application, as long as (a) the links redirect
the user to the CPBI 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 portion of the CPBI Services, (c) the linking does not
suggest that CPBI promotes or endorses any third party’s causes, ideas,
websites, products or services, (d) you do not use CPBI content for
inappropriate commercial purposes, and (e) you provide attribution to CPBI
adjacent to the link.
(I) Mobile Services
does not charge you for the use of its mobile sites, applications and services
or any features of these sites, applications and services (“CPBI Mobile
Services”). Please check your wireless plan, however, because your carrier’s
per-minute, text messaging, and data or other charges may apply. You
acknowledge that streaming media can result in high data usage and may lead to
excess data charges. You consent to your downloading and use of the CPBI Mobile
Services notwithstanding the potentially high data usage. You must provide at
your own expense the equipment and connections needed for you to use the CPBI
Mobile Services, and you agree that you are solely responsible for any costs
you incur to access the CPBI Mobile Services, including any excess data
charges. You should keep in mind that the use of the CPBI Mobile Services to
send content to another person via e-mail or SMS (Short Message Service) or
text message may result in wireless charges to both the sender and the
receiver. You agree to obey all laws related to operation of the motor vehicle
during use of the CPBI Mobile Services.
(J) Representations and Indemnity
expects all users to adhere to our content policies as described in these
Terms. However, you may be exposed to content that violates our policies or is
otherwise offensive through the use of the CPBI Services. Your use of the CPBI
Services is at your own risk. You agree that CPBI is not liable for content
that is provided by others. We take no responsibility for your exposure to
content on or through the CPBI Services whether it violates our content
policies or not. You understand that the information and opinions in content
uploaded by third parties represent solely the thoughts of the author and is
neither endorsed by nor does it necessarily reflect CPBI’s beliefs or editorial
positions. You hereby release and waive any and all claims, causes of action and/or
liability against CPBI arising from or in connection with your use of the CPBI
Services, the Content and/or any other material provided by the CPBI Services.
You also agree to defend, indemnify, and hold harmless CPBI, its trustees,
officers and employees from and against any and all causes of action, claims or
liability, including costs and attorney’s fees, arising from or in connection
with your use of the CPBI Services, your provision of User Generated Content to
or through the CPBI Services, or failure to abide by applicable law or these
(K) Disclaimer of Warranties
CPBI SERVICES, THE CONTENT AND OTHER RELATED MATERIALS PROVIDED BY AND THROUGH
THE CPBI SERVICES ARE PROVIDED ON AS “AS IS” BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS WARRANTIES OF
TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. CPBI DOES NOT WARRANT THAT THE CPBI SERVICES WILL BE
UNITERRUPTED OR ERROR-FREE. NOR DOES CPBI MAKE ANY WARRANTIES AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE CPBI SERVICES OR ENDORSE, RECOMMEND, OR
MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS,
FEATURES, SERVICES, PRODUCTS, OPINIONS OR STATEMENT AVAILABLE ON OR THROUGH THE
CPBI SERVICES OR THROUGH LINKS ON THE CPBI SERVICES.
(L) Limitation of Liability
NO CIRCUMSTANCES WILL CPBI, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OF
THIRD PARTY PROGRAM PRODUCTERS AND CONTENT PROVIDERS BE LIABLE (I) FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT
MAY RESULT FROM THE USE OR INABILITY TO USE THE CPBI SERVICES, INCLUDING
WITHOUT LIMITATION USE OF OR RELIANCE ON THE CONTENT AVAILABLE ON OR THROUGH
THE CPBI SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS,
DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF
CONTENT, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE;
(II) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE
CBPI SERVICES, OR (III) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS
(INCLUDING USER GENERATED CONTENT) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CPBI, ITS DIRECTORS,
OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN
ACCESS OF $100.
(M) Digital Millennium Copyright Act (DMCA)
Notices; Copyright Agent
Copyright Claim: CPBI respects intellectual property rights. If you are a
copyright owner or an agent of a copyright owner and you believe that your work
has been used in a way that constitutes copyright infringement by any content
or material available by and through the CPBI Services, you may submit a
notification to CPBI’s Designated Agent to the Digital Millennium Copyright Act
(“DMCA”) section 17 U.S.C. 512(c)(3). All notifications of claimed copyright
infringement should be forwarded to CPBI’s Designated Agent:
to 17 U.S.C. 512(c)(3), any copyright infringement notification must include:
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted 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;
(c) 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 the service
provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if available,
an electronic mail address at which the complaining party may be contacted;
(e) 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
(f) 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.
You acknowledge that if you fail to comply with all of the above requirements,
your notice may not be valid pursuant to the DMCA.
Counter-Notice. If any of your User Generated Content has been removed or
disabled because of a matter of possible copyright infringement, and you
believe that your Content is not infringing or that you have the authorization
from the copyright owner or the copyright owner’s agent, you may send a
counter-notice containing the following information to the Designated Agent:
A physical or electronic signature of the subscriber.
(b) Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or access to it was disabled.
(c) 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 to be removed or disabled.
(d) Your name, address, and telephone number, and a statement that you consent
to the jurisdiction of the Federal District Court for the District of
Connecticut, and a statement that you accept service of process from the person
who provided notification of the alleged infringement.
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 CPBI may, in the course of their
regular duties, have access to communications required by law.
Rogue Programming and Viruses. CPBI is not responsible for any computer virus,
trojan horse, timebomb, worm, or any other rogue programming (“Rogue
Programming”) that may be contained in any of the Content (including User
Generated Content), material or software contained on or through the CPBI
Services. CPBI has no obligation to detect the presence of any Rogue Programming.
Any downloading of software or other materials or any other use of the Content
(including User Generated Content) on the CPBI Services 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. You agree not to post, transmit, or make available in
any way through the CPBI Services any software or other materials that contain
Modifications. These Terms and the Content may be revised, amended, or
supplemented by CPBI without notice at any time for any reason. Continuing to
use the CPBI Services after a change has been made will signify your acceptance
of the changes. You should refer back to this page for future updates.
Online Shopping. In the event a product available on or through any CPBI
shopping area is listed at an incorrect price or with incorrect information,
CPBI will have the right to refuse or cancel any orders placed for the product
listed at the incorrect price. Your receipt of an electronic or other form of
order confirmation does not signify CPBI’s acceptance of your order, nor does
it constitute confirmation of CPBI’s offer to sell. CPBI reserves the right at
any time after receipt of your order to accept or decline your order for any
reason. CPBI may charge and withhold the applicable sales tax for orders.
Otherwise, you are solely responsible for all sales taxes, or other taxes, on
orders shipped to you.
conditions that apply to your use of the CPBI Services. If you do not agree to
the conditions therein, please do not use the CPBI Services.
International Users. The CPBI Services are controlled and operated within the
United States. CPBI makes no representation that content, materials or products
available on or through the CPBI Services are appropriate or available for use
outside the United States. If you access the CPBI Services from a location
outside the United States, you are responsible for compliance with applicable
laws, including local laws regarding online conduct and content as well as U.S.
export laws and regulations.
entire understanding of the parties regarding the use of CPBI Services and
supersede any previous documents, correspondence, conversations, or other oral
or written understanding related to the use of the CPBI Services.
Applicable Law. These Terms shall be governed by and construed under the laws
of the State of Connecticut, without regard to its choice of law rules, and
where applicable, the laws of the United States.
Waiver. A modification or waiver of a part of these Terms shall not constitute
a waiver of any other portion of the Terms.
Severability. If for any reason any provision of these Terms is found
unenforceable, that provision will be enforced to the maximum extent
permissible and these Terms will continue in full force and effect.
as of August 13, 2018.)