Terms of Service

Terms of Service

Last updated April 9, 2013

Introduction: Consent to Terms

Your use of the StoryCorps website, including StoryCorps RSS Feeds, StoryCorps Podcasts, the StoryCorps Blog and Discussion Board (collectively, the "StoryCorps website" or the "Service") is subject to these Terms of Service. "StoryCorps" means StoryCorps, whose principal place of business is at 80 Hanson Place, 2nd floor, Brooklyn, New York 11217. Please read the Terms of Service before using the Service. By using the Service, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please exit the site. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Service on the StoryCorps website. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated Terms of Service. Your continued use of the Service following the posting of updated Terms of Service will mean that you agree to those changes.

Copyrights

The contents of the StoryCorps website are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material from the StoryCorps website without the prior written consent of StoryCorps, except as provided below. You may copy and print a limited amount of content, and you may download StoryCorps Podcasts, for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. See "StoryCorps Podcasts" below for more information. Any other use of content contained or displayed on the StoryCorps website content requires prior written permission from StoryCorps. For permission requests, use our Inquiries form.

Trademarks

The StoryCorps name, logo and the technical terms associated with the StoryCorps process are service marks of StoryCorps. All rights reserved. You may not use any StoryCorps service marks, logos or graphics without StoryCorps prior written consent, except that you must use the StoryCorps-provided logo embedded in a StoryCorps Podcast and the StoryCorps logo or name in a StoryCorps RSS Feed in connection with the personal, noncommercial use of StoryCorps Podcasts and StoryCorps RSS Feeds, subject to the requirements set forth below under "StoryCorps RSS Feeds" and "StoryCorps Podcasts".

StoryCorps is a registered trademark.

Framing

StoryCorps does not allow framing of its website.

Links to the StoryCorps website

StoryCorps encourages and permits links to content on the StoryCorps website. However, StoryCorps is an organization committed to the highest programming standards and to independent, noncommercial broadcasting of the oral histories of everyday people, both in content and appearance. Therefore, the linking should not (a) suggest that StoryCorps promotes or endorses any third party’s causes, ideas, website, products or services, or (b) use StoryCorps content for any commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

StoryCorps may provide links to Internet sites maintained by third parties, over which StoryCorps has no control. StoryCorps does not endorse the content, operators, products or services of such sites, and StoryCorps is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. StoryCorps shall not be 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 sites.

StoryCorps RSS Feeds

The StoryCorps RSS Feeds consist of a selection of program entries, blog posts, and audio content which is delivered to your desktop using a technology called XML (extensible Markup Language) (individually, a "StoryCorps RSS Feed" and collectively, the "StoryCorps RSS Feeds"). The StoryCorps RSS Feeds are protected by U.S. and international copyright laws. All rights in and to the StoryCorps RSS Feeds are reserved to StoryCorps. StoryCorps RSS Feeds are available for personal, noncommercial use only. You may display, excerpt from, and link to the StoryCorps RSS Feeds on your personal web site, weblog, or similar application for personal, noncommercial purposes, provided that (a) the links redirect the user to the StoryCorps website when the user clicks on them, (b) the use or display does not suggest that StoryCorps promotes or endorses any third party causes, ideas, website, products or services, (c) the fundamental meaning of the content contained in the StoryCorps RSS Feeds, including the headlines and summaries, is not changed or distorted, and (d) you do not modify the content that are linked to by the StoryCorps RSS Feeds. If you display all of the content of a StoryCorps RSS Feed on your personal web site, weblog or similar application, (a) you may not redistribute the StoryCorps RSS Feed, and (b) you must provide attribution to StoryCorps adjacent to the StoryCorps RSS Feed.

Any other use of StoryCorps RSS Feeds, other than the uses described above, requires the prior written permission of StoryCorps. For permission requests, please use our inquiries form. Any granted use is covered by our general copyright policy (described under "Copyright" above). StoryCorps reserves the right to discontinue providing StoryCorps RSS Feeds and to require that you cease accessing or using the StoryCorps RSS Feeds, any content contained in the StoryCorps RSS Feeds, and/or StoryCorps’ logo at any time for any reason.

StoryCorps Podcasts

The audio files and XML files that comprise a StoryCorps Podcast are protected by U.S. and international copyright laws. All rights to StoryCorps Podcasts (including the content and technology of the StoryCorps Podcasts) are reserved either to the podcasts’ producer, if the podcast originated from such producer, or to StoryCorps, if the podcast originated from StoryCorps. StoryCorps Podcasts are available for personal, noncommercial use only. You may link to StoryCorps Podcasts from your personal website and audio files may be downloaded and played on any system for personal, noncommercial purposes, provided that, unless permission to do so is expressly stated:

  • you do not modify or delete any of the podcast content nor individual audio files;
  • you do not redistribute the audio files made available as part of the podcast nor any audio file downloaded from storycorps.org;
  • the use or display does not suggest that StoryCorps, StoryCorps community partners, nor the producer of the podcast(s) promotes or endorses any third party causes, ideas, web sites, products or services;
  • audio files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from the producer and StoryCorps.

Use of the Service

  1. If you use the Service, including by making comments on the StoryCorps Blog, Discussion Board, or by submission of email or other information via our website, your use is subject to the following rules:
  2. You may not post, upload or transmit any messages or materials anonymously or under a false name or a false email address.
  3. You may not remove, obscure or alter any proprietary rights notices (such as copyright or trademark notices) which may be affixed to or contained within the Service.
  4. While we do not seek to limit expression of ideas, lewd, obscene, pornographic, racist, belligerent, commercial, or sexually explicit language will not be tolerated on the StoryCorps Blog or Discussion Board. StoryCorps may delete any post that we deem to contain foul language or to be otherwise inappropriate without warning. In the case of repeated offenses, StoryCorps retains the right to terminate your posting privileges.
  5. We do not tolerate communications that may be unlawful or harmful to other StoryCorps users. We do not tolerate blog comments that aim to insult anyone or are hateful, harassing or abusive.
  6. You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. For example, if you post an article from a newspaper or magazine, song lyrics or graphics, you need to either own the copyright in the posted material or otherwise have permission to post the material. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded or transmitted materials will be owned by or licensed to you or in the public domain.
  7. If we determine that removal of a blog post or other content is necessary, we will make every effort to do so within a reasonable time frame. However, making deletions or other corrections is a manual process and may not happen immediately.
  8. The website can only be used for personal, non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.
  9. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the website to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to other users of the website.
  10. By posting, uploading or transmitting any material on or through the website, you hereby grant StoryCorps a non-exclusive, perpetual, royalty-free, worldwide license to use, copy and transmit that material in all media, whether or not now known, and your name and location (city, state and/or country), if you provide that information to use in connection with the posted, uploaded or transmitted material.
  11. StoryCorps is not responsible or liable for any materials posted on the StoryCorps Blog, Discussion Board, or posted, uploaded or transmitted on or through the website by you or others. StoryCorps cannot verify the accuracy of statements that users place on the StoryCorps Blog, Discussion Board, or on or through the website, and does not guarantee that any material posted, uploaded or transmitted has been done with the permission of the copyright or proprietary owner or is otherwise in compliance with the rules of the StoryCorps Blog, Discussion Board, or these Terms of Service.
  12. Persons under the age of eighteen (18) MUST obtain parental permission before registering for the Discussion Board, posting, uploading or transmitting material on or through the Service, or providing personal information to register for the Service. Children under the age of thirteen (13) are NOT eligible to participate in the Service, even with parental consent.
  13. By using the Service, you agree to abide by these rules. You acknowledge that StoryCorps has the right (but not the obligation) to pre-screen, review, filter, modify, refuse, delete, edit or remove material that it deems, in its sole discretion, to be in violation of the rules of the StoryCorps Blog, Discussion Board, or these Terms of Service, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that StoryCorps has the right (but not the obligation) to limit or terminate access to the Service, including the StoryCorps Blog, Discussion Board, for any reason, including violation of the rules of the StoryCorps Blog, Discussion Board or these Terms of Service.

Representations; Indemnity

You represent and warrant that (a) any material you post, upload or transmit on or through the Service does not and will not violate any rules of the Service or these Terms of Service, and (b) your use of the Service complies with these Terms of Service. You agree that you will indemnify and hold harmless StoryCorps and its directors, officers, employees, members 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 Service, (3) the materials you have posted, uploaded or transmitted on the StoryCorps Blog or in the Discussion Board, or on or through the website, or (4) StoryCorps’ publication, distribution or use of such materials.

Disclaimer

THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE 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. WHILE STORYCORPS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, WE VALUE THE SECURITY OF YOUR DATA AND TAKE STEPS TO PROTECT YOUR DATA TO THE EXTENT POSSIBLE USING INDUSTRY-STANDARD TECHNOLOGY AND SERVICES. NOR DOES STORYCORPS MAKE ANY WARRANTIES 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, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY
IN NO EVENT WILL STORYCORPS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL STORYCORPS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES. THEREFORE, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Copyright Agent

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by StoryCorps, whether on the Discussion Board, StoryCorps Blog, StoryCorps Podcasts or StoryCorps RSS Feeds, infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice to StoryCorps must include the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow StoryCorps to locate the material on the Service;
  4. the name, address, telephone number and email address (if available) of the complaining party;
  5. 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
  6. 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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed by StoryCorps against you, the DMCA permits you to send StoryCorps a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to StoryCorps’ Copyright Agent for notice of claims of copyright infringement as follows:

StoryCorps Inquiries
StoryCorps
80 Hanson Place, 2nd floor
Brooklyn, NY 11217

Phone: 646-723-7020
Fax: 646-723-7026

The StoryCorps Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the Service. Please note that these notifications and counter-notifications are legal notices. StoryCorps may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. Our Privacy Policy does not protect information provided in these notices and counter-notices.

International Users

The website is controlled and operated within the United States. StoryCorps makes no representation that content, materials or products available on or through the website are appropriate or available for use outside of the United States. If you access the website from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

Miscellaneous

These Terms of Service, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the StoryCorps website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Service. These Terms of Service shall be governed by and construed under New York State 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 website shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of New York. A modification or waiver of a part of these Terms of Service shall 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 the Terms of Service, please contact us through the inquiries form on our website.


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