The National Institute on Media and the Family

TERMS UNDER WHICH MediaFamily.org OFFERS ITS SERVICES

Introduction

"Mediafamily.org" is a Web site owned and operated by the National Institute on Media and the Family. "Subscriber" or "Subscribers" mean each person or persons who establish a connection to or access our Service. By using the Service (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions of this Agreement and Subscriber acknowledges that it has read our Privacy Policy.

General

The National Institute on Media and the Family reserves the right at any time to change the terms and conditions of this Agreement. Any such changes shall be effective immediately upon notice thereof, which may be given by means including posting on the Service or by any other means by which Subscribers obtain notice thereof. Subscribers' use of the Service after any such notice shall be deemed to constitute Subscribers' acceptance of any such changes.

The National Institute on Media and the Family reserves the right to discontinue or to change any aspect or feature of the Service, including, without limitation, content, hours of availability, and hardware or software needed for access or use.

"Aggregate and Statistical Information" is information that describes the habits, usage patterns or demographics of Subscribers as a group but does not indicate the identity of particular Subscribers. "Locator information" is information that enables one to personally identify a Subscriber such as a Subscriber's name, e-mail address, or physical address. Subscribers agree that the National Institute on Media and the Family may maintain and use any information provided by Subscribers as part of their use of the Service and to provide "Aggregate and Statistical Information" for other services of the National Institute on Media and the Family. Subscribers agree that the National Institute on Media and the Family may maintain and use Locator Information for, among other things, to notify Subscribers about the National Institute on Media and the Family's various services. Please read our Privacy Policy for further details.

Subscriber Conduct

Subscribers shall use the Service for lawful purposes only. Subscribers shall comply with the National Institute on Media and the Family's Code of Conduct set forth below. Subscribers shall not post or transmit through the Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in the National Institute on Media and the Family's discretion restricts or inhibits any other Subscriber from using or enjoying the Service will not be permitted. Subscribers shall not use the Service to advertise or perform any commercial solicitation.

The Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. The National Institute on Media and the Family owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except where explicitly permitted. Subscribers may download copyrighted material for Subscribers' personal use only, except where explicitly prohibited. Except as otherwise expressly permitted, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the National Institute on Media and the Family and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscribers acknowledge that they do not acquire any ownership rights by downloading copyrighted material.

Subscribers shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscribers. Subscribers shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any area of the Service, Subscribers automatically grant, or warrant that the owner of such material has expressly granted the National Institute on Media and the Family a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscribers also permit any other Subscriber to access, view, store or reproduce the material for a Subscriber's personal use. Subscribers hereby grant the National Institute on Media and the Family the right to edit, copy, publish and distribute any material made available on the Service by Subscribers.

The foregoing provisions are for the benefit of the National Institute on Media and the Family, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

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Disclaimer of Warranty; Limitation of Liability

SUBSCRIBERS EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT SUBSCRIBERS' SOLE RISK. NEITHER THE NATIONAL INSTITUTE ON MEDIA AND THE FAMILY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBERS SPECIFICALLY ACKNOWLEDGE THAT THE NATIONAL INSTITUTE ON MEDIA AND THE FAMILY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBERS.

IN NO EVENT WILL THE NATIONAL INSTITUTE ON MEDIA AND THE FAMILY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE SERVICE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. SUBSCRIBERS HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER THE NATIONAL INSTITUTE ON MEDIA AND THE FAMILY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Monitoring

The National Institute on Media and the Family shall have the right, but not the obligation, to monitor the content of the Service, including chat rooms, forums (bulletin boards), and interactive e-mail discussions (when and if they become available), to determine compliance with this Agreement and any Service rules of conduct ("Code of Conduct") established by the National Institute on Media and the Family and to satisfy any law, regulation or authorized government request. The National Institute on Media and the Family shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, the National Institute on Media and the Family shall have the right to remove any material that the National Institute on Media and the Family, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification

Subscribers agree to defend, indemnify, and hold harmless the National Institute on Media and the Family, its affiliates, and its respective directors, officers, employees, agents, licensors, and third party content providers from and against all claims and expenses, including reasonable attorneys' fees, arising out of the use of the Service by Subscribers.

Termination

Either the National Institute on Media and the Family or Subscriber may terminate this Agreement at any time. If Subscriber terminates this Agreement Subscriber shall do so by contacting the National Institute on Media and the Family (click here for contact information) and by immediately thereafter ceasing to access the Service in any respect. Without limiting the foregoing, the National Institute on Media and the Family shall have the right immediately to terminate Subscriber's use of the Service in the event of any conduct by Subscriber which the National Institute on Media and the Family, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The disclaimer of warranties, indemnification, intellectual property, limitation of warranties, and warranty provisions of this Agreement shall survive termination or expiration of this Agreement.

Trademarks

"National Institute on Media and the Family®," "MediaWise®," "KidScore®," "MediaQuotient®," "MediaMeasure®," "Mind Games®," "Smoke and Mirrors®," "Tot Smart®," "Switch® " "KidScore® " and each of their logos have trademark applications registered or pending. All rights are reserved. All other trademarks appearing on the Service are the property of their respective owners.

Third Party Content

The National Institute on Media and the Family is a distributor (and not publisher) of content supplied by third parties and Subscribers. Accordingly, the National Institute on Media and the Family have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of the Service, are those of the respective author(s) or distributor(s) and not of the National Institute on Media and the Family. Neither the National Institute on Media and the Family nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to the Disclaimer of Warranty and Limitation of Liability section above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through the Service represents the opinions and judgments of the respective content provider, Subscriber, or other users not under contract with the National Institute on Media and the Family. The National Institute on Media and the Family neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorized National Institute on Media and the Family employee spokespersons while acting in their official capacities. Under no circumstances will the National Institute on Media and the Family be liable for any loss or damage caused by a Subscriber's reliance on information obtained through the Service. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Miscellaneous

This Agreement and the Code of Conduct for the Service established by the National Institute on Media and the Family constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws rules. Jurisdiction and venue of any legal action shall be in courts within the geographic boundary of Hennepin County, Minnesota, and Subscribers agree to submit to personal jurisdiction in said courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Code of Conduct

The National Institute on Media and the Family provides free Services through the Web site accessible only after Subscriber registers for access. Subscribers shall not provide anyone other than themselves with their mediafamily.org username and password in order to access this site. The National Institute on Media and the Family shall terminate the subscription of any Subscriber they have reason to believe has provided a third party access to this site through the use of their username and password.

The National Institute on Media and the Family is an ardent supporter of free expression. The National Institute on Media and the Family is also committed to a superb online community. While the National Institute on Media and the Family has not yet introduced certain interactive functions such as chat rooms, bulletin boards, or e-mail discussion lists to the Service, if said interactive functions are introduced in the future, the National Institute on Media and the Family will then require that all of its Subscribers comply with the following aspects of its Code of Conduct, in addition to those previously listed:

• Recognize and acknowledge that Subscribers are from diverse cultures and backgrounds and hold diverse policy and political views, and that the Service enjoys a substantial student subscriber base
• Do not antagonize or harass other Subscribers
• Do not post any content that is defamatory, infringing, obscene, pornographic, abusive, harasses or that is otherwise unlawful or which violates the legal rights of other Subscribers
• Do not use the Service to advertise, solicit, promote the purchase of goods or services, operate or engage in surveys or contests (other than those of the Service), chain letters, or commercial enterprises, or for any other commercial purpose
• Represent yourself only as yourself and not as another, actual individual
• Be a responsible member of the community; you are legally liable for the content you post.

LINKS TO THIRD PARTY SITES

THE VARIOUS LINKS TO THIRD PARTY SITES ON THIS PUBLICATION WILL ALLOW YOU TO LEAVE THE MEDIAFAMILY.ORG SITE.

THE THIRD PARTY LINKED SITES ARE NOT UNDER THE CONTROL OF THE NATIONAL INSTITUTE ON MEDIA AND THE FAMILY AND THE NATIONAL INSTITUTE ON MEDIA AND THE FAMILY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE NATIONAL INSTITUTE ON MEDIA AND THE FAMILY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY THE NATIONAL INSTITUTE ON MEDIA AND THE FAMILY.