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Terms of Use

Welcome to MiND: Media Independence. MiND, a global learning network, is a service of Independence Media of Philadelphia, Inc., a non-profit entity whose mission is to provide educational television and related services to underserved audiences (hereinafter “MiND” the “MiND Site” or the “Site”). MiND provides learning opportunities through an internet video stream and on demand access by computer and also provides its services broadcast on channel 35 in Philadelphia, PA.

When you access MiND, you are agreeing to the following terms and conditions, as well as all applicable lawsand by our Privacy Policy and, if you submit a video program (“Submitted Materials”), to a Membership Agreement. In other words, your use of the MiND Site and its related services constitutes a binding legal agreement between you and MiND.

If you do not wish to enter into this agreement, then do not use the MiND site.

Information Provided by You

All information provided by you to MiND will be accurate, true, up-to-date, and complete.

If you provide information that is inaccurate, untrue, out of date, or incomplete, MiND may suspend your service, terminate your account, and/or refuse any further use of the MiND site.

Registration and Passwords

For certain MiND services, you will be required to create a user name, a password, and an account.

You are responsible for all activities that occur under your user name, password, and account. Your password must be kept confidential; do not provide it to any third party.

If you believe that your account or password has been compromised in any way, it is your responsibility to notify MiND immediately.

MiND is not responsible or liable for any loss or damage resulting from your failure to notify MiND regarding the misuse of any aspect of your account.

Copyright and other Intellectual Property Protections for MiND Content

All of the content on the MiND Site, including, but not limited to, software, photos, videos, film clips, music, graphics and text (“Content”), whether owned by MiND or by third parties, is protected by United States copyright law, by and/or by similar laws of other jurisdictions.  Additionally, without limitation, MiND owns a copyright in the selection, coordination, arrangement and enhancement of such of the MiND Content. Third-party content providers, including those who submit original works and programs to MiND, own the copyright in such works that is original to them. “MiND”, the “MiND logo”, as well as other marks that may appear on the Site (“Marks”), are the service and trademarks of MiND. Other trademarks, service marks and logos on the MiND website are the property of third parties who are clearly identified. You may not use these materials in any way without the direct written permission of the holder of such intellectual property rights.

In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express written permission of MiND.

Covenants Pertaining to Intellectual Property Rights

You agree that you will not record, copy, use, transmit, modify, store, distribute, show in public or in private, or create any derivative works from any of the Content you find through your use of, and access to, MiND, without the direct written permission of MiND or the intellectual property rights holder. You further agree that you will not record or otherwise capture any of the video streams available through MiND, nor will you store any of the video files distributed by MiND on your computer, or any other storage device. Additionally, you agree that you will not distribute any such files to any other computer or video playback system. Making unauthorized copies of any Content can lead to the termination of your right to use MiND, the termination of your account, and may subject you to legal action by MiND or by prosecuting entities and/or by third party owners of such intellectual property rights.  If a Content owner takes legal action against MiND because of your unauthorized use of MiND Content, you agree (to the extent permitted by applicable law) to hold harmless, defend and indemnify MiND, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of attorneys MiND employs to defend against the action.

Web Site Links and Other Technologies

The MiND Site contains links to other web pages and other web sites, many of which operate outside of MiND’s control. You acknowledge that MiND is not responsible, in any way, for your use of these sites or for the content contained thereon.

You may link your website to MiND provided that you adhere to MiND’s content policies (link to MiND’s content policies) on your website. If MiND requests that you remove such link, you agree to do so.

You may not use bots, spiders, or similar technologies to overload the site, or to inspect or affect its internal operations. You may not attempt to circumvent any copyright/content protection or security for the Site.

Reliability of Service

Some aspects of the Content distributed by MiND are reliant upon a continuous, successful broadband connection directly to the computer used to access MiND. Any issues related to broadband service must be addressed to your internet service provider. MiND is not responsible for any service issues related to internet connectivity.

MiND’s internet service is reliant upon successful installation and use by you of third party video players such as the Flash Video Player. Any issues related to the successful operation of this software must be addressed to the respective company or entity that provides such software and services. MiND is not responsible for any playback issues related to the availability, installation or operation of software provided by any third party.

Nothing in these provisions supersedes any terms of any end-user license for software used in connection with MiND including, but not limited to, end-user licenses related to web browsers, or other software. If you are using a third party’s media player software to view the services, the use of such software will be governed by the licensing agreement accompanying such software. Any personal information you provide to such third party in connection with your use of their software is governed by that third party’s privacy policy and terms of use.

Abuse or Infringement of Intellectual Property Rights

MiND respects the intellectual property rights of others. MiND has made every reasonable effort to secure appropriate clearances for intellectual property that it provides and distributes on MiND and expects those submitting content to MiND to do the same.

If you believe that a copyright, trademark, or any form of intellectual property right, whether such right belongs to you or to others, has been abused or infringed, please contact us immediately at MiND, 441 North 5th St. Philadelphia PA 19123 (feedback@mindtv.org) and include the following:

1. A description of the abuse or infringement

2. Your name, address, telephone number, and email address

Emails from MiND

From time to time, MiND will send emails to subscribers with regard to MiND’s operations. You agree to receive and to read these emails. In addition, from time to time, MiND will send emails to subscribers regarding specific programs and/or marketing promotions. You may choose not to receive these programming, marketing and promotion emails by sending an email to: feedback@mindtv.org.

Submissions

Much of MiND’s content is submitted by third parties.

If you submit material to MiND, you agree to comply with, and be bound by, the terms of a Membership Agreement, which is contained elsewhere on the MiND site. You are responsible, in every way, for the material that you submit to MiND. Any Program that you submit will be evaluated by the MiND for public exhibition on broadcast, cable, and satellite television, via internet distribution, and on other MiND Platforms current or future (sometimes collectively referred to herein as the “MiND Distribution Platforms”). MiND will decide, in its sole discretion, whether to distribute a Program and will consider the criteria listed on the www.mindtv.org website, which may change from time to time, in MiND’s sole discretion. If MiND decides not distribute your Program, you understand that you are not entitled to receive any rebate or refund of the membership fee or additional submission fee that you have paid to MiND or any other monetary or other compensation.

If you make a submission of materials to MiND, you agree that you will NOT do the following:

  1. (i) submit any material to MiND that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or as permitted by copyright law, or you have the permission from the rightful owner to use the materials and to grant to MiND a license to use the materials, as set forth below.
  2. (ii) publish falsehoods or misrepresentations that could damage any third party or MiND;
  3. (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would a) be considered a criminal offense, b) give rise to civil liability, or c) violate any law or is otherwise inappropriate;
  4. (iv) post advertisements or solicitations of business; or
  5. (v) impersonate another person or create a negative campaign about MiND or any other person or entity including, but not limited to, those running for political office.

Service

While MiND makes reasonable efforts to ensure that MiND will be available at all times, MiND does not guarantee, represent or warrant that such services will be uninterrupted or error-free, and does not guarantee that users will be able to access or use all the features, programs, and/or channels at all times.

MiND (including, without limitation, any of the content which appears on MiND or its associated channels) is provided “as is” and without warranties of any kind, either express or implied, or statutory.

Subject to any specific license agreements for various software features, programs and channels, MiND may change, suspend or discontinue any (or all) aspects of the service at any time in its sole discretion, including the availability of any channels or programs or segments or other content. From time to time, MiND, in its sole discretion, also may impose limits on the use of, or access to, certain features or portions of the service, or restrict your access to any part or all of these elements, without notice or liability.

Suitability for Specific Purposes and Disclaimer of Warranties

You expressly agree that your use of, or inability to use, the MiND services are at your sole risk. MiND services are provided “as is” and “as available” for your use. To the fullest extent permissible pursuant to applicable law, MiND disclaims all warranties, statutory, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement and title. MiND does not warrant that it will meet your requirements, that your access or operation of MiND or any content accessible through MiND will be uninterrupted or error-free, that defects will be corrected, or that the MiND site or the other sites associated or affiliated with MiND (or any servers that make such materials available) are free of viruses or other harmful components. MiND does not warrant or make any representations regarding the use or the results of the use of MiND in terms of their correctness, accuracy, reliability, or otherwise, or that the use of MiND will not adversely affect your or any other person’s use of the computer(s) on which MiND is downloaded or installed or the network of which such computer(s) are a part.

No oral or written information or advice given to you by MiND, or an authorized representative of MiND, shall create a warranty of any kind. Applicable law may not allow the exclusion of express or implied warranties by MiND, so certain of the above exclusions may not apply to you and you also may have other legal rights which vary from state to state and jurisdiction to jurisdiction.

Any material otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Under no circumstances will MiND be liable in any way for any material including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any material posted, emailed or otherwise transmitted via the Site. If you find any material on the Site objectionable, do not use the Site.

Unacceptable Uses of MiND

Violations by you of MiND’s system and network security are prohibited, and may result in criminal and civil liability. MiND will investigate incidents involving such violations and will report any suspected criminal activity to, and cooperate with, law enforcement agencies. Examples of system and network security violations include, but are not limited to:

  • Unauthorized access to, or use of, data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network and MiND.
  • Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Falsifying your user identity or providing other false information to MiND in connection with your use of the service; or providing invalid, inaccurate, non-current and/or incomplete or misleading registration information;
  • Taking any other action to disrupt the normal use of MiND or the internet by other users;
  • Recording or storing video stream files, and/or distributing such files;
  • Disclosing your password to others for any reason, including (but not limited to) enabling access to MiND;
  • Violating the rights of others;
  • Use of software that allows your account to stay logged on while you are not actively using the account or watching programs.

Indemnification and Limitation of Liability

By using MiND, you agree (to the extent permitted by applicable law) to waive any claims you may have against MiND. You irrevocably agree to defend, indemnify and hold MiND, its parent, affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors, assigns or licensees, or any of their respective officers, directors, agents, employees (collectively ” Released Parties”) harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party, arising out of or in connection with, Submitted Materials and their posting on the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another party.

You further agree to defend, indemnify and hold MiND and the Released Parties harmless from and against any claim relating to action taken by MiND as part of its investigation of any suspected violation of this Agreement. This means that you cannot sue MiND or recover any damages whatsoever from MiND as a result of MiND’s investigation of you or MiND’s conclusion that a violation of this Agreement has occurred.

You expressly understand and agree that under no circumstances will MiND or the Released Parties be responsible or liable to you or any other person or entity for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating in any way to the Site, the use or the inability to use the Site, unauthorized access to or alteration of your transmissions or data, the materials available on the Site, statements or conduct of any third party on, or in connection with, the Site or any other matter relating to the site information contained within the Site, even if any of these parties have been advised of the possibility of any damages.

Your sole remedy for dissatisfaction with the Site and/or Site-related materials is to stop using the Site.

Equipment

You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.

COPPA (Children’s Online Privacy Protection Act)

In compliance with the Children’s Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any Personally Identifiable Information (“PII”) from children under 13 years of age, unless we believe such collection to be permitted by law.

MiND targets an audience that is over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended.

If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact us at privacy@MiNDtv.org Upon request, the parent or guardian of a child under age 13 may review and request the deletion of such child’s PII, as well as refuse to permit the further collection or use of such PII.

Limitations and Restrictions on Distribution Territories

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject MiND to any registration requirement within such jurisdiction or country.

This Site is controlled and operated by MiND from its offices within the Commonwealth of Pennsylvania, U.S.A. and MiND makes no representation that materials in or on the Site, or which are accessible through the Site, are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Your use of, or access to, the Site from a state other than the Commonwealth of Pennsylvania, shall not shall not confer upon MiND the benefits or privilege of doing business in any state other than the Commonwealth of Pennsylvania.

Software related to, or made available by, this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control, or a national or resident of, any such country or on any such list. The parties hereto specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

Choice of Law and Forum Selection

These Terms of Use and the relationship between you and MiND shall be governed by, construed and enforced in accordance with, the laws of the Commonwealth of Pennsylvania and the USA, as they are applied to agreements entered into and to be performed entirely within Pennsylvania, without regard to its principles of conflicts of law. Any claim or dispute between you and MiND that arises in whole or in part from your use of the MiND Site shall be submitted to binding arbitration, conducted pursuant to the rules of the American Arbitration Association, in Philadelphia, Pennsylvania.

Severability

If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from the remainder, which will remain in force; the parties agree that any court interpreting these Terms of Use should endeavor to give the fullest possible effect to the parties’ intentions as reflected in the offending provision and shall not affect the validity and enforceability of any remaining provisions.

Waiver

Any delay or failure on the part of MiND to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claims arising out of or related to, use of the Site or these Terms of Use must be delivered to MiND no later than one (1) year after such claim arose or it will be forever barred.

Entire Agreement; Modification and Termination

MiND reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that MiND shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

MiND may, in its sole discretion, terminate your use of the Site for any reason including, without limitation, if MiND believes that you: (1) have breached these Terms of Use; (2) infringed the intellectual property right of MiND or a third party; (3) provided any information that MiND is unable to verify or authenticate; (4) uploaded or transmitted unauthorized or infringing Submitted Materials to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site may be implemented without prior notice to you.

Changes to This Agreement

MiND reserves the right to change or modify these Terms of Use at any time in its sole discretion. These Terms of Use shall be modified in writing and shall be posted on this Site by MiND and can be accessed at any time by selecting http://www.mindtv.org/terms. Any change or modification made by MiND will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by MiND. You should therefore periodically visit this page to review the most recent Terms of Use.

Last Revised: February 20, 2007