Please read these Terms of Use before using theartconcept.org,TAC‘s mobile sites and applications, any other TACsites, applications, platforms or services, or any features of these sites, applications, platforms, and services, including, but not limited to, content feeds, content accessed through TAC‘s application programming interfaces (“APIs”), including any accompanying headlines, links or metadata (“API Content”), podcasts, media players, tools, widgets, social networking features, forums and discussions, and the TACShop (collectively, the “TACServices”). By using any of the TACServices, you agree to be bound by these Terms of Use and TAC‘s Privacy Policy.
If you do not agree to these Terms of Use and the Privacy Policy, please exit the TACServices and do not use the TACServices or any of their features. We reserve the right, at our discretion, to modify, add or delete portions of these Terms of Use or the Privacy Policy at any time by posting updated Terms of Use or an updated Privacy Policy on the TACServices. 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 any of the TACServices following the posting of updated Terms of Use or an updated Privacy Policy means 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 policies governing the sites, applications, platforms and services of NPR’s member stations, and other sites, applications, platforms and services that may link to or from the TACServices.
The contents of the TACServices are protected by U.S. and international copyright laws. The contents of the TACServices are owned by or licensed to TACor TAC‘s member stations and other producers or providers of programs or other content to TAC(“Content Providers”). In the case of User Materials (as defined in the “User Materials” section of these Terms of Use), the contents are licensed to TACby the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the TACServices without the prior written consent of TAC, except as provided in these Terms of Use. All rights not expressly granted in these Terms of Use are reserved to TAC.
You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial 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 NPR promotes or endorses your, or any third party’s, causes, ideas, products, sites, applications, platforms 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 NPR Services that allow selected User Materials to appear on your personal, noncommercial site, blog, application, platform or service, subject to the conditions in the preceding sentence.
You may use the content feeds, APIs, podcasts, media players, and other features of the TACServices, and content accessed therefrom, only as expressly permitted in these Terms of Use. To request permission for any other use of TACcontent or the TACServices, visit our permissions page.
The Art Concept®, TAC®,TACprogram and application names, and TAClogos, program names and logos, and Content Provider names, program names and logos, are trademarks or service marks (“marks”) of The Art Concept, Org. All rights in these marks are reserved by their respective owners. You may not use any TAC-provided marks or other logos or graphics, without TAC‘s prior written consent, except that you have a license, and have an obligation, to use any TACor other Content Provider mark or logo included in, or required to be used in connection with, API Content, content feeds, podcasts, TAC‘s Media Player, or other functionalities of the TACServices, subject to the requirements set forth in these Terms of Use for the use of the API Content, content feeds, podcasts, media players, or other functionalities of the TACServices.
Links to the NPR Services
TACis an organization committed to the highest ethics and standards in the process of documenting, communicating and archiving, both in fact and in appearance. Therefore, although TACencourages and permits links to content on the TACServices, the linking should not suggest that TACpromotes or endorses any third party’s causes, ideas, sites, products or services, or use TACcontent 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.
TACprovides documentaries and podcasts consisting of audio & video content that is provided using an RSS feed and associated file so that the file may be downloaded and played from a user’s computer or mobile device. Documentaries & Podcasts are available only for personal, noncommercial use. You may download, copy and/or transfer a documentary & podcast to a computer or mobile device only for your personal, non-commercial use, provided that you do not modify the content. You also may link to documentaries & podcasts from your site, blog, application, platform or service, as long as (a) the links redirect the user to the TACServices 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 portion of the NPR Services, (c) the linking does not suggest that TACpromotes or endorses any third party’s causes, ideas, sites, applications, platforms, products or services, (d) you do not use TACcontent for inappropriate commercial purposes, and (e) you provide attribution to TACadjacent to the link.
TACdoes not charge you for the use of its mobile sites, applications, platforms and services or any features of these sites, applications, platforms and services (” TACMobile Services”). Please check your wireless plan, however, because carrier data use charges or other fees may apply. You acknowledge that streaming media can result in high data usage and may lead to excess data charges. You must provide at your own expense the equipment and connections needed for you to use the TACMobile Services, and you agree that you are solely responsible for any costs you incur to access the TACbile Services, including any excess data charges. You should keep in mind that the use of the TACbile Services to send content to another person may result in wireless charges to both the sender and the receiver. You agree to obey all laws related to the operation of motor vehicles during use of the TACMobile Services.
TACcollects geolocation data for purposes of offering relevant content, including content from nearby member stations. Geolocation data consists of general location information based on latitude and longitude (if the user has enabled location services for an application on the user’s mobile device), or based on the IP address of the user’s computer or mobile device. By using any of the TACServices, you consent to TAC‘s collection of this geolocation information.
TACmay from time to time make available an embeddable audio player, other media player for accessing content, or other embeddable content on the TACServices (each an “TACMedia Player”). The TACMedia Player may be embedded or displayed on your site, blog, application, platform or service, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links redirect the user to the TACServices when the user clicks on them, and all content is streamed from the originating TACservers; (c) you shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained in the TACMedia Player; (d) you shall not delete or modify the TAClogos contained in the TACMedia Player; (e) your use or display of the TACMedia Player must not suggest that TAC, its member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, sites, products or services of you or any third party; (f) you shall not use the TACMedia Player in any way that changes or distorts the fundamental meaning of the content; (g) you shall not use the TACMedia Player for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity; (h) you may not insert any intermediate page, splash page, pre-roll advertising or sponsorship messages, post-roll advertising or sponsorship messages, or other content between the links contained within the TACMedia Player and the TACServices; and (i) you shall not insert any advertising or sponsorship messages adjacent to the TACMedia Player or in any way that’s suggests that the advertisement or sponsorship supports or has been placed by TAC. Any other use of TAC‘s marks, the TACMedia Player, or of any content contained within the TACMedia Player requires the prior written permission of TAC.TAC may cease offering the TACMedia Player or withdraw any or all content from the TACMedia Player at any time in its discretion. Upon the request of TAC, you shall promptly cease all use of, and remove from your sites, blogs, applications, platforms and services, any and all uses of theTACMedia Player.
Rules for Use of the Service
By using the TACServices, including by registering for the TACServices, participating in TACsocial networking features, forums and discussions, Submitting User Materials through the TACServices, the Contact Us page or other means, using Content Feeds, API Content, or podcasts, or by using any other features of the TACServices, you agree to the following rules:
You must be at least 18 years of age to submit any User Materials or personally-identifying information on or through the TACServices, create a public profile, participate in any online contests, or place an order on the TACShop. If you are between the ages of 13 and 18, you may browse theTACServices or register for email newsletters or other features of theTACServices with the consent of your parent or guardian, so long as you do not submit any User Materials. If you are under 13 years of age, or if you are an EU resident under 16 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under 13, or from an EU resident under 16, we will remove that information from our database as soon as possible.
You may not submit any User Materials under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.
You may not submit any User Materials or links to material that is 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, or that constitutes hate speech or a personal attack.
You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not plagiarize content or violate 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 TAC,TACmember stations, and users of the TACServices (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
TheTACServices can only be used for personal, non-commercial purposes. You may not submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the TACServices for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
You may not submit any software or other material which contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of TAC,TACmember stations, other Content Providers, or users of the TACServices. You may not use the TACServices to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or email addresses for the purpose of sending unsolicited email or other communications to other users of the TACServices.
You may not interfere with or disrupt the integrity or performance of the TACServices, any portion or contents thereof, or related systems or networks, or use the TACServices in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to the TACServices or related systems or networks.
By submitting any User Materials on or through the TACServices, you grant to TAC,TACmember stations, and other Content Providers, their licensees, and users of these sites, applications, platforms and services (to the extent permitted by these Terms of Use) the licenses to use those User Materials specified in the “User Materials” section of these Terms of Use.
You are solely responsible for any User Materials submitted using your account. TACdoes 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 TACServices. However, TAChas the right (but not the obligation) to review, screen, delete, edit or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service or these Terms of Use.
TACis not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through theTACServices. TACcannot verify the accuracy of statements that users make or place on or through the TACServices, 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 or these Terms of Use.
You acknowledge that TAChas the right to limit or terminate your, or any other person’s, access to or registration in the TACServices for any reason, in its sole discretion, including violation of these Terms of Use.
You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the TACServices, 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 TACServices that may be necessary for their use as contemplated by theTACServices and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the TACServices and these Terms of Use, (d) the User Materials, and their use by TAC,TACmember stations, their licensees, and users of the TACServices and TACmember station sites, applications, platforms and services (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not libel 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 these Terms of Use, and (e) your use of the TACServices complies with these Terms of Use. You agree that you will indemnify and hold harmless TAC, its member stations, and Content Providers and their respective 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 TACServices, (3) the User Materials you have Submitted on or through theTACServices, or (4) TAC‘s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials byTACmember stations, Content Providers, licensees, or users of the TACServices.
Disclaimer
THETACSERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE TACSERVICES 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.TACDOES NOT WARRANT THAT THE TACSERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TACDOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE TACSERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE TACSERVICES OR THROUGH LINKS ON THE NPR SERVICES. USE OF THE TACSERVICES IS ENTIRELY AT YOUR OWN RISK.
CONTENT ON THE TACSERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE TACSERVICES 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, HEARD OR SEEN ON THE TACSERVICES.
IN NO EVENT WILL TAC, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD- PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE TACSERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE TACSERVICES, 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 WILLTAC, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
Right to Change TACServices
TACreserves the right to change, terminate or suspend the TACServices, any features of the TACServices (including, but not limited to, Content Feeds, API Content, podcasts, and the TACMedia Player), and any content or materials contained in the TACServices, in any way, at any time and for any reason or no reason.TACalso has the right to require you to cease accessing any features, content or materials of the TACServices.
Online Shopping
In the event a product available on or through the TACShop is listed at an incorrect price or with incorrect information,TACwill have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation neither signifies TAC‘s acceptance of your order, nor constitutes confirmation of TAC‘s offer to sell. TACreserves the right at any time after receipt of your order to accept or decline your order for any reason. TACmay charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales or other taxes, on orders shipped to you.
TheTACServices are controlled and operated within the United States. TACmakes no representation that content, materials or products available on or through the TACServices are appropriate or available for use outside of the United States. If you access the TACServices from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the TACServices and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the TACServices. These Terms of Use are separate and distinct from the terms of use governing the sites, applications, platforms and services ofTAC‘s member stations, and the sites, applications, platforms and services that may link to or from the TACServices. These Terms of Use are governed by and construed under District of Columbia 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 Use or relating to the TACServices shall be litigated in the local or federal courts located in the District of Columbia, and you hereby consent to personal jurisdiction and venue in the District of Columbia. 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. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.
BY USING OUR WEBSITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITES AND ANY AFFILIATE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.
Communications
By submitting content to our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Mbari Uno and its licensors. The Service is protected by copyright, trademark, and other laws of both the Federal Republic of Nigeria and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mbari Uno.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Mbari Uno has the right but not the obligation to monitor and edit all Content provided by users.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Mbari Uno. Mbari Uno has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mbari Uno 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, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to enquiries@mbariuno.com with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
Indemnification
You agree to defend, indemnify and hold harmless Mbari Uno and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
On no event shall Mbari Uno, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Mbari Uno, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is needed, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
