Terms and Conditions

 

Privacy Policy and Terms of Use

This is Privacy Policy and Terms of Use of YUPntwk, an initiative of Connecticut Public Broadcasting, Inc. (“CPBI”). CPBI is committed to the privacy and information provided by visitors to its CPBI Services.

CPBI’s Privacy Policy discloses the information gathering and dissemination practices of the CPBI Services. This Privacy Policy refers solely to the 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 privacy policies.

(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 these sites.

(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.

(a) 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

(1) 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.

(2) 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.

(3) 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.

(4) 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).

(5) 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.

(6) 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 Services and/or to this Privacy Policy. If you have registered for online discussions or other services or newsletters, you may receive email specific to your participation in those activities.

(7) 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.

(8) 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

CPBI 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 Standards) which are in addition to CPBI’s Terms of Use and Privacy Policy.

(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 personally-identifying information.

(E) Acceptance of this Privacy Policy

By using the CPBI Services, you signify agreement to the terms and conditions of this Privacy Policy. If you do not agree, please do not use the CPBI Services. CPBI reserves the right to change this Privacy Policy. Any changes to the Privacy Policy will be posted to this page as soon as reasonably possible. 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

CPBI 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.

The 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.

(Dated as of August 13, 2018.)

Terms of Use

Introduction: Consent to Terms

The 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.

Please note that these Terms are separate and distinct from the terms of use and 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.

(A) Restrictions

(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 manner.

(3) Use.

(a) 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 rights.
(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 initiatives.
(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

(1) 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 users.

(2) 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.

(3) 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.

(4) 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.

(5) 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 these Terms.

(6) You acknowledge that there may be: (i) material or ideas in the public domain; or (ii) other persons, including CPBI, who have submitted (or will submit) material to CPBI of have made (or will make) material public that is, in each case, similar or identical material to the Material submitted by you and CPBI shall have the right to use this similar or identical material and shall be under no obligation to you with respect to your Material submitted, and you shall not be entitled to any form of compensation in connection with said use.

(7) You agree to retain an original copy of the Material you submit to CPBI and you fully release and discharge CPBI from any liability in connection with any loss or damage to the Material. You acknowledge that CPBI is not obligated to return the Material to you and, accordingly, CPBI may destroy the Material 90 days after it is submitted to CPBI, and you release CPBI from liability for destruction of the Material.


(8) 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.


(9) 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.

(10) 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.

(11) 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.

(C) Copyrights

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) No quotes from any material on the CPBI Services may be used in any media without attribution to CPBI.

(6) 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 paragraphs below in these Terms of Use. Any other use of CPBI content requires prior written permission from CPBI.

(7) 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.

(D) Trademarks

All 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

CPBI 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

(1) 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.

(2) 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

(1) 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.

(2) 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.

(H) Podcasts

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

CPBI 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

CPBI 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 Terms.

(K) Disclaimer of Warranties

THE 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

UNDER 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

(1) 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:

Name:

Address:

Fax:

Email:

According to 17 U.S.C. 512(c)(3), any copyright infringement notification must include:

(a) 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.

(2) 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) 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.
(N) Miscellaneous

(1) 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.

(2) 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 Rogue Programming.

(3) 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.

(4) 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.

(5) Privacy Policy. The CPBI Service’s Privacy Policy provides additional terms and 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.

(6) 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.

(7) Entire Agreement. These Terms, together with the Privacy Policy, represent the 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.

(8) 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.

(9) Waiver. A modification or waiver of a part of these Terms shall not constitute a waiver of any other portion of the Terms.

(10) 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.

(Dated as of August 13, 2018.)

 

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