About WGBH LabTerms of Use
WGBH LAB — TERMS OF SERVICE (the “Terms”)
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE WGBH LAB WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree to these Terms, please do not use the Website.
WGBH Lab is an online non-commercial service and collection of WGBH websites (WGBH Lab Sandbox, WGBH Lab Open Call, WGBH Lab Filmmakers in Residence for independent media makers to produce and showcase innovative content for public media outlets (collectively, the "Website"). This Website is owned and operated by the WGBH Educational Foundation (“WGBH”). The terms and conditions set forth herein apply to all information, online communications, services, text, video, audio files, graphics, still images, links, or other material and content that is or becomes available on the Website or is otherwise offered for the Website (collectively, "Content"). By accessing or using the Website, you specifically agree to abide by these terms and conditions and any modifications thereto.
This Website may contain links to third party websites that are not owned or controlled by WGBH. WGBH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, WGBH will not and cannot censor or edit the content of any third party website. Accordingly, WGBH encourages you to be aware when you leave this Website and to read the terms and conditions and privacy policy of each third party website that you visit.
A. Registration: Certain components, portions, features or services available on the Site may only be accessible and used after registration and creation of an account. When creating your account, you must provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or if WGBH has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, WGBH has the right to suspend or terminate your account and access to the Website. You will receive a password and login name upon completing the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are solely responsible for all activities that occur with your password and login name. You must immediately notify WGBH of any unauthorized use of your account or any other breach of security. WGBH will not be liable for your losses caused by any unauthorized use of your account. You are responsible for obtaining access to the Website, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Website.
B. Content on the Website: The Website includes a combination of content that WGBH creates, that third parties create, and that users of the Website create all of which is subject to copyright and other intellectual property rights under Unites States laws, foreign laws, and international conventions. Content on the Website is made available to users under three levels of permitted personal, non-commercial uses as described below. You may download only the Content designated on the Website as downloadable.
- Viewed Online only – You are permitted to view the Content from the Website only. You are not permitted to download this Content.
- Download to View – You are permitted to download the Content to view it on your computer or other digital video device for your own personal non-commercial use. You may not modify, redistribute, reproduce, edit, retransmit or in any way repurpose the Content. Use of this Content is governed by the terms of the end user license agreement included with such Content.
- Download to Re-edit and Distribute – In the Sandbox portion of the Website you will find a catalog of stock footage and other materials which are available to be licensed by you under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 license (the “CC License”). You are permitted to download, edit, distribute, and make derivative works of the Content in Sandbox. Use of the Content in Sandbox is governed by the terms of the CC License agreement included with such Content. Read the full license. Use of the Content in Sandbox for any other purpose is a violation of WGBH's copyright and other proprietary rights. Should you be interested in use of the Content in Sandbox in ways not addressed in the CC License, you may contact WGBH as follows: WGBH Media Library
C. Restrictions on Use of Content
1. Non-commercial Use Only. This Website and the Content therein may be used for bona fide personal, non-commercial purposes only. You may not use this Content in a defamatory or derogatory manner. In addition, you may not use this Content for or in any commercial or for-profit manner. For clarity, this means the Content may not be used in any commercial tie-in, you may not charge anyone for this Content, and you may not incorporate this Content into a product that you sell for profit or to advertise or promote a product, or on an ad-supported website or in any other manner that may be construed as an endorsement, express or implied, of any party, product, or other entity.
2. You may not remove, copy, alter, reproduce, modify, create derivative works of, republish, post, publicly perform, publicly display, broadcast, transmit, distribute or commercially exploit, in whole or in part, the Content or this Website, except as expressly permitted by these Terms or by the content owner as indicated in any end user license agreement that accompanies such Content.
3. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content.
D. Attribution and Citations: You must keep intact all proprietary and copyright notices on the Content, and shall include proper attribution for all Content used in any derivative work you create with the Content made available for derivative use. Watermarks, title names and producer information within video content may not be edited, removed or obstructed. Unless otherwise noted on the Content, reference to WGBH as the source of the Content is required for all Content including video clips, video stills, and images.
E. User Generated Content:
1. This Website may now or in the future permit the submission of videos or other content submitted by you and other users ("User Generated Content") and the hosting, sharing and/or publishing of such User Generated Content. You understand that whether or not such User Generated Content is published, WGBH does not guarantee confidentiality with respect to any such User Generated Content.
2. You shall be solely responsible for your own User Generated Content and the consequences of WGBH posting or publishing them. By submitting your User Generated Content to WGBH, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize WGBH to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the Website and these Terms; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Generated Content in the manner contemplated by the Website and these Terms; (iii) the User Generated Content is your own original work and that you own or control the necessary rights to enable inclusion and use of the User Generated Content in the manner contemplated by the Website and these Terms; (iv) the User Generated Content does not in any way violate any laws, rules or regulations, (v) the User Generated Content is not in any way libelous, slanderous, derogatory, defamatory, obscene, offensive, pornographic, threatening, harrassing, hateful, or encourages conduct that would be considered a criminal offense, or give rise to civil liability; (vi) the User Generated Content does not violate or infringe upon the rights of any person or entity whatsoever; and (vii) the User Generated Content is not an endorsement, express or implied, of any party, product, or other entity.
3. Unless you enter into a separate written agreement with WGBH, WGBH does not claim ownership in User Generated Content you submit; however, by submitting the User Generated Content to WGBH, you hereby waive any and all moral rights in connection with the User Generated Content and you automatically grant WGBH a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, create derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire User Generated Content or segments thereof), publish, transfer, transmit, publicly display, and publicly perform the User Generated Content on, through or in connection with the Website (including the advertisement and promotion thereof) in any media formats and through any media channels, or for any other non-commercial use of your User Generated Content. You also hereby grant each user of the Website a non-exclusive license to access your User Generated Content through the Website, and to use, reproduce, distribute, create derivative works of, publish, transfer, transmit, publicly display and publicly perform such User Generated Content (in whole or in segments) as permitted through the functionality of the Website and under these Terms.4. WGBH does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and WGBH expressly disclaims any and all liability in connection with User Generated Content.
5. Your User Generated Content will remain on the Website until such time as you make a specific request to WGBH for permanent deletion of such content from the Website server. Such request must be made in writing, via email, to WGBH at the following address: wgbhlab@wgbh.org When you do remove your content, the license described above will automatically expire.
F. User Submission Ideas and Proposals: WGBH is engaged in the production of television programs for exploitation in any and all entertainment media. In this context, WGBH reviews various source ideas, proposals and suggestions (“Submitted Materials”). Such Submitted Materials may be related to format, theme, treatments and/or means of exploiting a production once completed. In order to avoid misunderstandings if your ideas are similar to those we have developed or are developing independently, WGBH will not review or discuss ideas, scripts, treatments, formats or the like submitted to it on an unsolicited basis by persons not employed by WGBH without first obtaining the agreement of the person submitting the material to the terms of the Submission Release form. Accordingly, you agree that any communication or Submitted Materials you do transmit to us by electronic mail or otherwise will be treated as non-confidential and non-proprietary. WGBH is free to use any ideas, concepts, know-how or techniques contained in any communication or Submitted Material you submit to us for any purpose, at any time, and without any remuneration or obligation to you.
G. Notification of Copyright Infringement: If you are a copyright owner or an agent of a copyright owner and believe that any User Generated Content or other content infringes upon your or someone else’s copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) sections 17 USC 512 (c)(2) and (3). All notifications of claimed copyright infringement through the service provider, WGBH, should be forwarded to our Designated Agent: Eric Brass, One Guest Street, Boston, MA 02135, fax: 617-300-1014, email: mailto: infringement@wgbh.org . According to Section 512 (c)(3)(a), any copyright infringement notification must include:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed 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 reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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
(vi) 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.
H. Conflicts: Some of the Content on the Website is made available under the specific terms of an end user license agreement. Where any matter contained in these Terms or elsewhere on this Website may be read so as to alter, amend or supersede any part of such license agreement, then the license agreement shall be taken to be the definitive and over-ruling part of this agreement.
I. Your Obligation to Abide By Applicable Law: In connection with the use of the Website, you shall not engage in conduct or publish information which would infringe upon or injure the personal or property rights of any individual, group, or entity, including but not limited to defamation, harassment, invasion of privacy, tort, or disclosure of confidential or trade secrets. Furthermore, you shall not violate any law or treaty or intellectual property rights protected by law (such as copyright, patent and trademark rights). You acknowledge that the Content available on the Website 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.
J. 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 WGBH may, in the course of their regular duties, have access to communications required by law.
K. Rogue Programming and Viruses: WGBH is not responsible for any computer virus, trojan horse, timebomb, worm, or any other rogue programming ("Rogue Programming") that may be contained in any of the Content, information or software contained on the Website. WGBH has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Content on the Website 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. You agree not to post, transmit, or make available in any way through the Website any software or other materials that contain Rogue Programming.
L. Content of Information: You are responsible for the content of any information you put on the Website. WGBH has no obligation to, and does not in the normal course, monitor or control any information that is or becomes available on the Website. WGBH reserves the right to review any information that is or becomes available on the Website. WGBH reserves the right to refuse to post or to remove any information that is, in WGBH's sole discretion, unacceptable, undesirable, or in violation of these rules. However, WGBH has no obligation to exercise such reservation of rights by WGBH.
M. Release and Indemnity: You hereby release and waive any and all claims and/or liability against WGBH arising from or in connection with your use of the Website, the Content and/or any other material on the Website. You also agree to indemnify, defend, and hold harmless, WGBH, from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Website or failure to abide by applicable law.
N. Disclaimer of Warranties: The Website and the Content contained therein is 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. WGBH does not warrant that any information is complete or accurate, that the Website will be uninterrupted or error free, or that any information is free of Rogue Programming.
O. Copyright: All rights, including copyright and database right, in this Website and its contents (including all text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips and any after-sales material, and ancillary materials), are owned by or licensed to WGBH, or otherwise used by WGBH as permitted by applicable law or agreement.
P. Trademarks: Unless otherwise noted, all trademarks, service marks, and trade names are proprietary to WGBH. Nothing contained herein shall be construed as conferring to you any license or right under any trademark or patent of WGBH.
Q. Limitation of Damages: Under no circumstance, including negligence, shall WGBH be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use the Website, including without limitation use of or reliance on information available on the Website, 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.
R. Modifications: These Terms may be modified by WGBH from time to time without notice to you and such modifications will be binding on you when placed online.
S. Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with Massachusetts law as if this agreement were to be fully performed within the Commonwealth of Massachusetts, without giving effect to principles of conflicts of laws. The parties agree to submit to the sole and exclusive jurisdiction of the state and federal courts of the Commonwealth of Massachusetts to resolve any disputes arising hereunder. f any provision of this agreement shall be unlawful, void, or for any reason, unenforceable then that provision shall be deemed severable from this agreement and shall not effect the validity and enforceability of any remaining provisions.
T. Privacy Policy: The Website's Visitors' Privacy Policy provides additional terms and conditions that apply to your use of our site.
U. Acceptance of Terms of Service: If you do not agree to these Terms of Service, you do not have permission to use this Website nor to access or use the Contents of this Website.
V. Comments: The opinions expressed in the Comments Section of this Website are those of the writers/ contributors and do not necessarily represent the views or opinions of the WGBH Educational Foundation.