TERMS AND CONDITIONS

The following terms and conditions govern the use by you of South Florida PBS Inc., its subsidiaries, parents, affiliated entities and agents, (“South Florida PBS”) of its websites. The terms and conditions set forth herein apply to all materials, online communications and other information that is or becomes available on South Florida PBS websites (collectively, “Information”). BY SIGNING ON AND USING SOUTH FLORIDA PBS WEBSITES, YOU SPECIFICALLY AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AND ANY MODIFICATIONS THERETO.

1. Personal Uses Permitted.

South Florida PBS websites are online information exchange services for use by South Florida PBS, its members and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these terms and conditions.

2. User’s Obligation to Abide By Applicable Law.

In connection with the use of South Florida websites, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (‘Applicable Law”). The Information available on South Florida PBS websites may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

3. Disclosure of Online Communications.

You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of South Florida PBS may, in the course of their regular duties, have access to communications for technical or operational purposes. South Florida PBS may also disclose any communications to the extent permitted or required by law.

4. Prohibition Against Rogue Programming.

You shall not post, transmit or make available in any way through South Florida PBS websites any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”). South Florida PBS has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on WPBT2 websites is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

5. Content of Information.

You are responsible for the content of any Information you put on South Florida PBS websites. The Information posted to South Florida PBS websites does not necessarily reflect the views of South Florida PBS and in no event shall South Florida PBS assume or have any responsibility or liability for any information posted to South Florida PBS websites or for any claims, damages or losses resulting from the use and/or appearance of such information on South Florida PBS websites. South Florida PBS has no obligation to monitor or control any Information that is or becomes available on South Florida PBS websites. South Florida PBS reserves the right to review any Information that is or becomes available on South Florida PBS websites. South Florida PBS reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in South Florida PBS sole discretion, unacceptable, undesirable or in violation of these terms and conditions. South Florida PBS has no obligation to exercise such reservation of rights by South Florida PBS. By submitting information to South Florida PBS, you grant South Florida PBS a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting.

6. Disclaimer of Warranties.

SOUTH FLORIDA PBS WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOUTH FLORIDA PBS DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT WPBT2 WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

7. Limitation of Damages.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SOUTH FLORIDA PBS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE SOUTH FLORIDA PBS WEBSITES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON SOUTH FLORIDA PBS WEBSITES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

8. Release and Indemnity.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST ARISING FROM OR IN CONNECTION WITH YOUR USE OF SOUTH FLORIDA PBS WEBSITES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, SOUTH FLORIDA PBS AND THE MEMBER STATIONS, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF SOUTH FLORIDA PBS WEBSITES OR FAILURE TO ABIDE BY APPLICABLE LAW.

9. Modifications.

These terms and conditions may be modified by South Florida PBS from time to time and such modifications will be binding on you when placed online.