Ellington

Effective date: July 1, 2011

Introduction; Consent to Terms

Please read these Terms of Use before using FronterasDesk.org or any features of this site, including, but not limited to Content Feeds, other syndicated distribution of content, Podcasts, widgets, the Facebook Comments and other social networking features (collectively, the "Fronteras website" or the "Service"). By using the Service, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the Service and do not use the Service or any of its features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Fronteras website. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Service following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policy governing the websites that may link to or from the Fronteras website.

Copyrights

The contents of the Fronteras website are protected by U.S. and international copyright laws. The contents of the Fronteras website, including Podcasts, Content Feeds, and other features of the Fronteras website, are owned by or licensed to Fronteras. In the case of User Materials (as defined in the "User Materials" section below), the contents are licensed to Fronteras by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Fronteras website without the prior written consent of Fronteras, except as provided below. All rights not expressly granted in these Terms of Use are reserved to Fronteras.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, noncommercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests Fronteras promotes or endorses your, or any third party's, causes, ideas, websites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the Fronteras website that allow selected User Materials to appear on your personal, noncommercial website, weblog or other application, subject to the conditions in the preceding sentence.

You may use the Content Feeds, Podcasts and other features of the Fronteras website only as expressly permitted in the relevant paragraphs below in these Terms of Use.

Any other use of Fronteras content requires prior written permission from Fronteras. For permission requests, contact us.

Trademarks

Fronteras, National Public Radio®, NPR® and PBS logos and program names, and other Content Provider names and logos, are service marks of Fronteras, production partners or programming networks. All rights are reserved by the respective owners. You may not use any Fronteras-provided service marks, logos or graphics, without Fronteras' prior written consent, except that you shall have the right, and obligation, to use any Fronteras mark or logo included in, or required to be used in connection with Content Feeds or other functionalities of the Fronteras website, subject to the requirements set forth in these Terms of Use Content Feeds or other functionalities of the Fronteras website.

User Materials

Through the Fronteras Community portion of the Service and through other features of the Fronteras website, users may post, upload, transmit and/or otherwise submit ("Submit") comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the Fronteras website ("User Materials"). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by Fronteras staff and on the Internet by the general public. You acknowledge that the Fronteras website, the Fronteras Community, and other features of the Fronteras website, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the Fronteras website. However, by submitting User Materials on or through the Fronteras website, you hereby grant Fronteras a non-exclusive, perpetual, royalty-free, universe-wide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Fronteras website, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant Fronteras and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials. In addition, you grant each user of the Fronteras website a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Fronteras website to use your User Materials pursuant to these Terms of Use and as permitted by the functionality of the Fronteras website.

For any User Materials you Submit on or through the Fronteras website, you agree to abide by the Rules of Use for the Service set forth below and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.

Rules for Use of the Service

By using the Service, including by registering for the Service, participating in the Fronteras Community, Submitting User Materials through the Fronteras Community or other means, using Content Feeds, or Podcasts, or by using any other features of the Fronteras website, you agree to the following rules:

• Fronteras expects users to be civil and courteous even when in disagreement. Personal attacks, insults, profanity, hate speech or harassment based on class, disability, ethnicity, gender, national origin, religion, race, sexual orientation or other offensive conduct will not be permitted.
• Discussion that is off topic or unrelated to the story will be removed.
• You may not post duplicate and redundant User Materials.
• You may not impersonate public figures or other users, or provide any false information about yourself.
• You may not submit any User Materials that are libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights.
• You must be at least eighteen (18) years of age to register for or participate in the Fronteras Community or other social networking features of the Fronteras website; submit any User Materials or personally-identifying information on or through the Fronteras website; and/or participate in any online contests. If you are between the ages of 13 and 18, you may browse the Fronteras website or register for e-mail newsletters or other features of the Service (excluding the Fronteras Community) with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or e-mail address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
• You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Fronteras, and users of the Fronteras website (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
• The Service can only be used for personal, noncommercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Fronteras website or other Content Provider websites for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
• You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Service to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited e-mail or other communications to other users of the Service.
• You may not interfere with or disrupt the integrity or performance of the Fronteras website or other Content Provider websites, or any portion or contents thereof, or use these websites in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to these websites or related systems or networks.
• By submitting any User Materials on or through the Service, you hereby grant Fronteras, and users of these websites (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the "User Materials" section.
• You are solely responsible for any User Materials submitted using your account. Fronteras does not and cannot review all User materials submitted by you or others and is not responsible for any User materials submitted by you or others on or through the Service. However, Fronteras has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Fronteras Community), or these Terms of Use, or for any other reason, as determined in Fronteras' sole discretion.
• Fronteras is not responsible or liable for any User Materials submitted by you or a third party, including any User Materials, on or through the Service. Fronteras cannot verify the accuracy of statements that users make or place on or through the Service, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Fronteras Community), or these Terms of Use.
• By using the Fronteras Service, you agree to abide by these rules. You acknowledge that Fronteras has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Fronteras Community), or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that Fronteras has the right to limit or terminate your, or any other person's, access to or registration in the Service for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the Service, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Service that may be necessary for their use as contemplated by the Fronteras website and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Fronteras website and these Terms of Use, (d) the User Materials, and their use by Fronteras and users of the Fronteras website (pursuant to these Terms of Use) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Fronteras Community), or these Terms of Use, and (e) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless Fronteras Content Providers to this Service and their respective directors, officers, employees, members, 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 User Materials you have Submitted on or through the Service, or (4) Fronteras' publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Fronteras users.

Framing

Fronteras does not allow framing of the Fronteras website.

Links to Fronteras Website

Fronteras encourages and permits links to content on Fronteras website. However, Fronteras is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that Fronteras promotes or endorses any third party's causes, ideas, websites, products or services, or (b) use Fronteras content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

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

Content Feeds

Fronteras' provides Really Simple Syndication (RSS) Feeds and other content feeds on or through the Service, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (extensible Markup Language) technology, or other syndication technology (individually, a "Content Feed" and collectively, the "Content Feeds"). The Content Feeds are available for personal, noncommercial use or for noncommercial use on the website, Weblog or similar application of a nonprofit corporation which is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and which is not a news organization ("501(c)(3) “Nonprofit Corporation"). You may display, excerpt from, and link to the Content Feeds on your personal website, Weblog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation website, Weblog, or similar application for noncommercial purposes, provided that (a) the links redirect the user to the Fronteras website when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable Fronteras website page, (c) the use or display does not suggest that Fronteras promotes or endorses any third party causes, ideas, websites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3) Nonprofit Corporation website, Weblog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to Fronteras or the relevant Content Feed provider adjacent to the Content Feed, by including "Fronteras News Headlines" or "Fronteras" or the name of the relevant Content Feed provider in text adjacent to the Content Feed. Any other use of Fronteras' trademarks, or service marks, the names or service marks of any Content Feed provider, or of the Content Feeds requires the prior written permission of Fronteras. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use. Fronteras reserves the right to discontinue providing Content Feeds and to require that you cease accessing or using the Content Feeds, or any content contained in the Content Feeds at any time for any reason.

Podcasts

Fronteras provides podcasts (the "Podcasts") consisting of selected audio content from Fronteras and other content providers that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a portable listening device the Podcasts for your personal, noncommercial use only, provided that you do not modify the content. You also may link to Podcasts from your website, Weblog or similar application, as long as (a) the links redirect the user to the Fronteras website when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable Fronteras Web page, (c) the linking does not suggest that Fronteras promotes or endorses any third party's causes, ideas, websites, products or services, (d) you do not use Fronteras content for inappropriate commercial purposes, and (e) you provide attribution to Fronteras adjacent to the link. Fronteras reserves the right to discontinue providing Podcasts and to require that you cease accessing or using the Podcasts, or any content contained in the Podcasts, at any time for any reason.

Disclaimer

The Service and any content, materials, user materials, features or products available or 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. Fronteras does not warrant that the service will be uninterrupted or error-free. Nor does Fronteras make any warranties as to the results that may be obtained from use of the service or endorse, recommend, or make any warranties as to the accuracy, reliability or content of, any content, information, materials, user materials, features, 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. Content on the Fronteras website is not intended to substitute for professional advice of any kind. In particular, nothing contained on the Fronteras website is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding personal health or medical conditions. Never disregard or avoid professional medical advice or delay in seeking it because of something you have read on the Fronteras website.

Limitation of Liability

In no event will Fronteras, its directors, officers, employees, members or third party program producers and podcast providers be liable (a) for any indirect, consequential, special, incidental or punitive damages, arising out of the use or inability to use the service, (b) relating to any content or products available or sold on or through the service, or (c) in connection with any third party content or materials (including User Materials) or the defamatory, infringing, offensive or illegal conduct of any third party. In no event will Fronteras, its directors, officers, employees, members or third party program producers and podcast providers be liable for any amount in excess of $100.

Right to Change Fronteras Website

Fronteras has the right to change the Fronteras website, terminate or cease providing the Fronteras website, or delete content, materials or features in any way, at any time or for any reason or no reason.

Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent

• Fronteras respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Fronteras website, please provide the following information in writing to Fronteras: • 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. • information so that we can contact you, 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.

International Users

The Service is controlled and operated within Phoenix, Arizona. Fronteras makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of Phoenix. If you access the Service from a location outside Phoenix, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Miscellaneous

These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Fronteras website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Fronteras website. These Terms of Use are separate and distinct from the terms of use governing the websites that may link to or from the Fronteras website. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use.