Terms of Use
Welcome to the Independent Television Service, Inc. (“ITVS”) web sites, www.itvs.org and www.futurestates.tv (the "site"). These terms of use (“Terms of Use”), which include the ITVS Privacy Policy, govern your use of the Site and its contents. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING THE ITVS PRIVACY POLICY.The terms “ITVS,” "we," "us" and "our" refer to ITVS.
Registration
If you just want to browse this site, read content or view streaming video, registration is not required. You have the option (but are not required) to register on this Site in order to use certain of the site functions, such as Talkback and the Beyond the Box Blog. To subscribe to the Beyond the Box Blog newsletter, you will be required to provide an email address. Any other personal information you choose to provide is voluntary.
Age of Users
Children under the age of 13 may not use the site and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are under the age of 18 but at least 13 years of age, you may use this site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this site, including all legal liability that he or she may incur.
Non-Commercial Use
This site and its contents are for your own personal non-commercial use only.
International Use
We make no representation that content on this site is appropriate or available for use in locations outside the United States. If you choose to access this site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws, and you hereby agree to the following: (a) you consent to having your personal data transferred to and processed in the United States; and (b) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the site or operate a platform application or website.
ITVS Privacy Policy
Your use of this site signifies your continuing consent to the ITVS Privacy Policy, which you can examine any time by clicking on the "Privacy Policy" link on the site.
Personal information that you supply to ITVS, and any information about your use of ITVS site functions that we obtain will be subject to the ITVS Privacy Policy on this site.
No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
Third-Party Sites and Links; Embedding Video
You agree that ITVS is not responsible or liable for any content or other materials on third-party sites linked to from this site. Please remember that it is possible that third-party linked sites have changed since they were originally linked to the site. In any event, the content, products, and services found in linked third-party sites are provided by other parties and not by ITVS. ITVS does not endorse these linked sites or any external website and the views presented in these links do not necessarily represent the views of ITVS, its funders, or board of directors. Links are provided for informational purposes only. The links do not authorize you to copy work from the linked sites or to infringe the rights of owners of works in those sites. ITVS makes no representation or warranties with respect to the third-party sites or content therein.
You may embed the video player from this site to other sites provided that you do not embed the video player on any website or other location that contains or hosts content that violates any law, rule, or regulation; is defamatory or obscene; infringes any right of any third party, including intellectual property rights; is otherwise inappropriate or objectionable to ITVS in ITVS’s sole discretion; or contains links to infringing or unauthorized content. You may not embed the video player into any hardware or software application, even for non-commercial purposes. ITVS reserves the right to prevent embedding to any website or other location that ITVS finds inappropriate or objectionable, in ITVS’s sole discretion.
Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning ITVS or this Site electronically, including notice to any email address that you may provide.
Content That You Supply
ITVS may allow you to supply content for the site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable end-use license agreements (“EULA”), or applicable rules may be removed.
Proprietary Rights in Site and Content
You hereby irrevocably grant to ITVS (and its assigns and sublicensees) the following non-exclusive rights to all content that you post to the site: (a) the right to use, duplicate, distribute, perform, display, edit, promote, exhibit, and otherwise exploit the content in all media, now known or hereafter known, worldwide in perpetuity, with or without charge; and (b) the right to create collective or derivate works from the content and use, duplicate, distribute, perform, display, edit, promote, exhibit and otherwise exploit the same in all media now known or hereafter known, worldwide in perpetuity, with or without charge. ITVS may, at its sole discretion, credit you when it uses your content (unless you posted content anonymously).
Other than this non-exclusive license to ITVS, ITVS (with respect to the site and any ITVS-created content) and its contributors (with respect to contributor-created content) reserve all rights, including intellectual property and trademark rights. Without limiting the foregoing, you expressly agree that without ITVS’s prior, written permission: (a) you may not use any trademarks or logos placed by ITVS on the site; and (b) you may not reproduce, reprint, publish, or otherwise exploit content or technology from the site (unless you originally posted such content).
Disclaimer of Warranties and Limitation of Liability
WE PROVIDE THIS SITE AND ITS CONTENTS "AS IS." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THIS SITE. TO THE EXTENT PERMITTED BY LAW, WE AND OUR CONTRIBUTORS HEREBY DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY THAT THE SITE IS OR WILL BE ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, AND ANY WARRANTY THAT THE SITE IS OR WILL BE NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, THAT IT IS SAFE, SECURE, ERROR-FREE, RELIABLE, OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. BECAUSE SOME STATES DO NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS.
THE SITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, AND LICENSEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU MAY NOT ASSERT CLAIMS FOR MONEY DAMAGES ARISING FROM THIS SITE OR ITS CONTENTS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ITVS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Representations and Warranties
You hereby represent and warrant the following:
(a) You are able and authorized to enter into this agreement;
(b) You will not use the site for commercial purposes or send or post unauthorized commercial communications or spam on or from the site;
(c) You will not collect users' content or information, or otherwise access the site using automated means (such as harvesting bots, robots, spiders, or scrapers);
(d) You will not upload viruses or other malicious code, attempt to circumvent any Site protections and safeguards, redirect messages and communication to other sites, or do anything that might impair functionality of the site;
(e) You will not use another’s login or account without that person’s express permission;
(f) You will not engage in any activity on the site or using the site that is unlawful or that promotes another’s unlawful activity or another’s lack of compliance with the Terms of Use;
(g) You will not disclose the name, address, or other personal information about third parties on (or using) the site without the third party’s express permission;
(h) You will promptly notify ITVS in writing of any legal claim or action, of which you learn, that relates in any way to your activities on the site; and
(i) With regard to posted content:You either are the sole owner/copyright holder of all content that you post to the site or, prior to posting, you obtained all necessary rights, clearances, and release agreements to make the content available for duplication, distribution, exhibition, and other uses in accordance with the terms of this agreement; The content you post is not and will not be in violation of any law, defamatory, or obscene and does not and will not violate or infringe upon the copyright, trademark, privacy, creative, dramatic, music, or other rights of any third party by reason of the posting, distribution, exhibition, or other uses in accordance with the terms of this agreement; and You have no knowledge of any pending or threatened claim or litigation with respect to the content that you post and you will promptly notify ITVS in writing of any legal claim or action, of which you subsequently learn that relates in any way to the content you post.
Indemnification
You agree to defend, indemnify, and hold harmless ITVS and ITVS’s employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from any content you post on this site, any breach (or third-party claim of alleged breach) by you or your agents of the above representations and warranties, and/or any use or misuse of this site by you or your agents. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Claims of Copyright Infringement or Abuse
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or if you believe that anyone’s use of the site is in violation of this agreement, a third-party agreement, or the law, please promptly contact us at itvs@itvs.org.
Changes to ITVS Site
We may discontinue or change any ITVS content, service, function or feature at any time with or without notice.
Changes to the Terms of Us
We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the site's Terms of Use link. If you continue to use this site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.
Miscellaneous
(a) Severability and Integration. This agreement and any supplemental terms, policies, rules and guidelines posted on this site constitute the entire agreement between you and us and supersede all previous written or oral agreements on the subject matter. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
(b) Termination. We reserve the right to terminate your use of this site if you violate the Terms of Use or any rules or guidelines posted on the site or for any other reason in our discretion.
(c) Relationship of Parties. Nothing herein shall be deemed to create any association, partnership, or joint venture between the parties.
(d) Assignment. ITVS may assign or transfer this agreement to and/or its rights or obligations hereunder to, and/or may distribute the program through PBS, CPB, or to any other party.
(e) Governing Law. This agreement will in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the State of California without regard to California’s conflict of law statutes.
(f) No Waiver. No waiver by either ITVS of any breach hereof shall be deemed a waiver of any preceding or succeeding breach hereof.
Revision Date: April 2, 2010