The following rules govern the use by you of the PBS GUAM/Guam Educational Telecommunication Corporation (KGTF) website(s), including but not limited to pbsguam.org and all other website(s) controlled by PBS GUAM/Guam Educational Telecommunication Corporation (KGTF) herein referred to as “PBS GUAM”. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on the PBS GUAM website(s) (collectively, “Information”). These Terms may have changed since your last visit to the PBS GUAM website(s). By using the PBS GUAM website(s), you indicate your acceptance of these Terms and the Privacy Policy. If you do not accept these Terms, please do not access or use the PBS GUAM website(s).

BY SIGNING ON AND USING THE PBS GUAM website(s) YOU ARE INDICATING YOUR EXPRESSED UNDERSTANDING AND YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.

Personal Uses Permitted

The PBS GUAM website(s) are provided as online information exchange services for use by PBS GUAM 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 rules and regulations.

User’s Obligation to Abide By Applicable Law

In connection with the use of PBS GUAM website(s), 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 PBS GUAM website(s) 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.

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 PBS GUAM may, in the course of their regular duties, have access to communications for technical or operational purposes. PBS GUAM may also disclose any communications to the extent permitted or required by law.

Prohibition Against Rogue Programming

You shall not post, transmit or make available in any way through the PBS GUAM website(s) any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”). PBS GUAM 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 the PBS GUAM website(s) 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.

Content of Information

You are responsible for the content of any Information you put on the PBS GUAM website(s). The Information posted to the PBS GUAM website(s) does not necessarily reflect the views of PBS GUAM and in no event shall PBS GUAM assume or have any responsibility or liability for any information posted to the PBS GUAM website(s) or for any claims, damages or losses resulting from the use and/or appearance of such information on the PBS GUAM website(s). PBS GUAM has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on the PBS GUAM website(s). PBS GUAM reserves the right to review any Information that is or becomes available on the PBS GUAM website(s). PBS GUAM reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in PBS GUAM’s sole discretion, unacceptable, undesirable or in violation of these rules.

PBS GUAM has no obligation to exercise such reservation of rights by PBS GUAM; however, PBS GUAM has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the PBS GUAM website(s) or network who are repeat infringers. PBS GUAM may terminate access for content providers or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions. By submitting information to PBS GUAM, you grant PBS GUAM a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now know or hereinafter devised and represent that you have all necessary rights in such posting. While PBS GUAM strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of pbsguam.org, pbs.org or non-pbs.org content to which we link.

Ecommerce Modifications and Technical Errors

PBS GUAM RESERVES THE RIGHT TO ALTER THE CONTENT OF THE PBS GUAM ONLINE STORE (ECOMMERCE) AT ANY TIME. PBS GUAM IS NOT RESPONSIBLE FOR ANY ELECTRONIC ERRORS OR OMMISSIONS WHILE TRANSMITTING INFORMATION TO OUR SERVER(S) AND ANY OTHER TECHNICAL ERRORS FAILING TO ACCEPT AND/OR PROCESS YOUR DONATION, PURCHASE REQUEST OR OTHER PURCHASE REQUEST. PBS GUAM MAKES ALL REASONABLE EFFORTS TO VERIFY INFORMATION AND RESOLVE QUESTIONS THAT MAY ARISE WHILE PROCESSING YOUR CONTRIBUTION, DONATION OR ORDER.

Restrictions

Nothing contained on the PBS GUAM website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or any Download Content made available on the Sites, through the use of framing, “deep linking”, use of a “robot”, “bot”, “spider”, “data mining” or similar automated method, or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of PBS GUAM or such third party that may own the trademark or copyright of the relevant material displayed on the Sites. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the content of the Sites for use in connection with search engines and Internet directories.

Copyright and Trademark Information

Copyright ©1970-2011 by PBS GUAM. All rights reserved. The website(s) and the information and materials which each contains are the property of Guam Educational Telecommunication Corporation (PBS GUAM) and in some instances PBS and its affiliates and licensors and is protected from unauthorized reproduction and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners.

Links to Third-Party Sites and Reference to Third Parties and Their Products

The PBS GUAM website(s) may contain links to other websites. These links are provided to you as a convenience, and PBS GUAM is not responsible for the content of any linked site. Any outside site accessed from the Sites is independent from PBS GUAM, and PBS GUAM has no control over the content of that site. In addition, a link to any outside site does not imply that PBS GUAM endorses or accepts any responsibility for the content or use of such a site, and any reference on the Sites to any third party or third party product or service should not be construed as an approval or endorsement by PBS GUAM of that third party or of any product or service provided by a third party. PBS GUAM encourages users to carefully select the website(s) that you (and your family) use.

Jurisdictional Issues

PBS GUAM makes no representation that information on this and all PBS GUAM controlled websites are appropriate or available for use outside the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Online Forums

We require that you follow these simples rules when making submissions to the Online Forums on the PBS GUAM website(s). In addition, we have provided guidance on some, though not all, of the actions in response to which PBS GUAM may decide to post only part or none of your comments. In some cases, this may result in the termination of your access to the PBS GUAM website(s). PBS GUAM reserves the right (but is not obligated) to edit comments it posts for any reason without consent. By using the Online Forums, you indicate your acceptance of the Terms.

You represent that you are at least 13 years of age. You must obtain the permission of a parent or guardian before accessing the Online Forums or submitting material to the Online Forums if you are under the age of 18. Children under the age of 13 are not permitted to participate in Online Forums.

You agree to act responsibly with regard to others and their content. You will not knowingly post content that infringes in any way or violates any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party. You are also prohibited from posting content that PBS GUAM considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or is otherwise objectionable.

You agree to submit comments for non-commercial purposes only. You may not attempt to post submissions to sell or promote any products or services or promote, solicit or participate in multi-level marketing or pyramid schemes.

You agree to submit comments that are relevant. Related to this, we note that we are currently equipped to process comments in English only unless otherwise advised.

You agree to participate honestly and in compliance with the law. You are prohibited from impersonating any other person, including but not limited to, an agent, employee or officer of PBS GUAM, expert or bulletin board leader, guide or host. You may not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the PBS GUAM website(s) or in connection with your use of the PBS GUAM website(s), in any manner.

You agree to grant PBS GUAM the right to use the content that you submit to PBS GUAM. You hereby grant to PBS GUAM a worldwide, irrevocable, transferable, royalty-free, perpetual, exclusive license, with the right to sublicense, to use, reproduce, modify, adapt, create derivative works from, distribute, perform, display, translate and publish your content, and your name and location (city, state and country), to the extent provided by you in connection with your submission to an Online Forum, in whole or in part, in any form, media or technology, now known or hereafter developed.

You agree to maintain your privacy and that of others. You may not invade the privacy or violate any personal or proprietary right of any person or entity.

You agree that content posted by others is not approved or endorsed by PBS GUAM. Your use of or reliance upon any information you obtain through an Online Forum is at your own risk. You understand that your use of the Online Forums may expose you to content which is incorrect and/or which you consider to be offensive, indecent, or otherwise objectionable.

You agree that only text comments may be submitted to the Online Forum. You are not permitted to submit or otherwise transmit any software or other material that contains a virus or other harmful code or device. You may not use the PBS GUAM website(s) to transmit or otherwise facilitate the transmission of spam or other multiple mailings.

Disclaimer of Warranties

THE PBS GUAM WEBSITE(S) AND ALL CONTENT 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. NEITHER PBS GUAM NOR PBS WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE PBS GUAM WEBSITE(S) WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

Limitation of Damages

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PBS GUAM, PBS GUAM REPRESENTATIVES AND/OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE PBS GUAM WEBSITE(S) INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE PBS GUAM WEBSITE(S), 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.

Release and Indemnity

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

Modifications

These rules and terms may be modified by PBS GUAM/Guam Educational Telecommunication Corporation (KGTF) at any time and such modifications will be binding on you when placed online.

rev. 1/2011

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