Terms of Service
PRX’s Digital Platforms
These Terms of Service, along with the Privacy Policy, apply to all users of PRX’s digital platforms, including, e.g., this website (and all of PRX’s other websites, like radiotopia.fm, prx.mx, podcastgarage.org and any others that link to these Terms of Service), embeddable content that we may make available for use on other people’s websites or digital platforms, and our apps, other than third party content, discussed below under the heading “Third Party Content.” By using our digital platforms, you agree to be bound by these Terms of Service. We may modify, add to, or delete portions of these Terms of Service at any time by posting updated Terms of Service, and any modifications, additions, or deletions to these terms will become effective immediately upon posting, although any changes will only take effect prospectively, from the date of the change. Please review these Terms of Service regularly. You agree that your continued use of the digital platforms following the posting of updated Terms of Service indicates your consent to those changes.
Our Copyrights
The digital platforms and contents and elements of the digital platforms (including, e.g. both editorial content and the code used in programming the platforms) are protected by U.S. and international copyright laws. Except as explicitly provided in these Terms of Service, you may not reproduce, distribute, transmit, display, prepare derivative works, perform, or use in any other way that is prohibited by copyright law without consent of the copyright holder, any copyrighted material found on or in PRX's digital properties. You may copy and print content for your personal, noncommercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. To request permission from PRX for any other use, please use our permission request form.
Our Marks
PRX, the Public Radio Exchange and Radiotopia are trademarks or service marks of PRX or its partners. PRX reserves all rights to these marks. You may not use any PRX marks, logos, or graphics without PRX’s prior written consent. All other trademarks and service marks appearing on the digital platforms are the property of their respective owners, and should be used only with prior written consent from the appropriate owner.
Third Party Content
Our digital platforms contain links to sites and services, and use embedded tools provided and controlled by third parties and governed by the terms of service of those third parties. PRX is not responsible in any way for third party sites, services, or products that may be linked to, embedded in, featured on, or otherwise used via our digital platforms, or for any products or services that may be advertised by third parties on our digital platforms. PRX does not endorse the content, operators, products, or services of these providers, and users should review these providers’ own terms of service for more information.
RSS Feeds
The RSS feeds available through our digital platforms are covered by these Terms of Service. You may use these RSS feeds free of charge for your personal, noncommercial use only. When using these feeds, link and provide attribution to PRX or with an image, using the logo that we have included in the feed itself. We may disable, change, or stop distributing these feeds at any time, and we may require users to cease any and all use of these feeds at any time for any reason.
Use of the Service
By using the digital platforms, including by registering for the digital platforms, participating in comments or discussions, submitting content through the digital platforms, using RSS feeds or downloadable content, or by using any other features of the digital platforms, you agree to the following rules:
General Use
The digital platforms may only be used for noncommercial purposes. You may not use the digital platforms to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.
The digital platforms are intended for users over the age of 13.
PRX may limit or terminate users’ access to the digital platforms for any reason, including violation of these Terms of Service.
Representations and Indemnity
You represent and warrant that (a) any material you post, upload, or transmit on or through our digital platforms does not and will not violate any of these Terms of Service, and (b) your use of our digital platforms complies with these Terms of Service. You agree that you will indemnify and hold harmless PRX and its directors, officers, employees, and licensees from any and all claims, liabilities, costs, or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the digital platforms, (3) the materials you have posted, uploaded, or transmitted on or through the digital platforms, or (4) PRX's publication, distribution, or use of such materials.
Disclaimer
The digital platforms are available on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. PRX does not warrant that the digital platforms will be uninterrupted or error-free. PRX also does not make any warranties as to the results that may be obtained from use of the digital platforms or as to the accuracy, reliability, or content of any information, service, products, opinions, or statements available on or through the digital platforms or through links on the digital platforms. Use of these digital platforms is entirely at your own risk.
Limitation of Liability
In no event will PRX, its directors, officers, or employees be liable for any indirect, consequential, special, incidental, or punitive damages, arising out of the use or inability to use the digital platforms. In no event will PRX, its directors, officers, or employees be liable for any amount in excess of $100.
Copyright Agent
If you believe that your work has been reproduced on our digital platforms in a way that constitutes copyright infringement, please provide the following information in writing to PRX's Copyright Agent [email protected]. Any claim must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
A description of the copyrighted work that you claim has been infringed.
A description of the material that you claim 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 sufficient to permit us to locate the material.
Your contact information, such as address, telephone number, and e-mail address.
A statement that you have 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.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You can mail to
PRX PO Box 382234 Cambridge, MA 02238
Miscellaneous
These Terms of Service supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Service. These Terms of Service are governed by and construed under Massachusetts law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Service or relating to the digital platforms will be litigated in the local or federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Massachusetts. A modification or waiver of a part of these Terms of Service will not constitute a waiver or modification of any other portion of the Terms of Service. If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect.
Questions
If you have any questions about these Terms of Service, please use [email protected]