Public Media Platform, Inc.

API Terms of Use

These PMP API Terms of Use (“Terms”) govern the use of the PMP API and bind all Users who use and/or access the PMP API. By using the PMP API, you agree to be bound by the Terms. If you do not agree to the Terms, please do not use the PMP API.

The Public Media Platform was organized to distribute digital content (including audio, video, text, and images) from multiple public media entities across a variety of web and mobile platforms. The PMP API allows stations, websites, and digital platforms to find news, cultural, and educational content produced by participating Content Providers.

1. Definitions

1.1 The “Public Media Platform” or “PMP” is a 501(c)(3) organization providing the service to which these Terms apply.

1.2 The “PMP API” or “API” is the application programming interface used by the PMP to distribute digital content, and the subject of these Terms.

1.3 “PMP Services” are the web services provided to Users by the PMP, including but not limited to the PMP API.

1.4 “API Content” or “Content” is content of any nature, including text, audio, images, video and links thereto, found within the PMP API.

1.5 A “User” is an account associated with the PMP API, representing an individual or an organization within the context of the API.

1.6 A “Content Provider” or “Provider” is any User who submits Content to the API.

1.7 “Content Provider License Terms” are specific additional terms, conditions, and restrictions given by a Content Provider governing the permissible use and access to their API Content.

1.8 “Intellectual Property Rights” are trademark, servicemark, copyright and patent ownership rights.

2. User Registration

2.1 PMP controls the allocation and designation of User accounts. Only individuals designated by PMP can create an account to access the PMP API. Organizations must designate a single individual to establish an account on its behalf. If you are setting up an account on behalf of an organization, you represent and warrant that you have the authority to do so and that you have the authority to bind that organization.

2.2 Each User is responsible for maintaining the confidentiality of its credentials - including username, password, and client authorizations. Users may not share, transfer, or authorize others outside their organizations to use their credentials without prior written approval from PMP. Users are entirely responsible for all activities that occur on or through their account. Users agree to notify PMP immediately if they become aware of any unauthorized use of their account or have reason to believe that their account is no longer secure.

3. API Content Submission

3.1 Content Providers retain the copyright and other ownership rights in any API Content that they submit through the PMP API and grant Users of the PMP API a limited, revocable, non-exclusive, royalty-free, non-transferable license to display or stream their API Content in any and all media formats or channels, whether now known or hereafter devised, without payment and without further consent or notice to them.

3.2 Content Providers may specify additional Content Provider License Terms. If Content Provider License Terms are specified, then the Content Provider License Terms take precedence over any provisions in these Terms. Users agree to comply with all Content Provider License Terms as specified in any given API Content. Users may not use, copy, reproduce, or distribute the API Content in any other manner.

3.3 Content Providers warrant and represent that their API Content is not 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 constitutes hate speech or a personal attack.

3.4 Content Providers warrant and represent that they own or have all necessary rights and permissions to use, distribute, and authorize Users (to the extent permitted by these Terms) to use and distribute any API Content they submit, and that there are no encumbrances or restrictions on the content or its use as contemplated by these Terms.

3.5 Content Providers may not knowingly submit any Content that contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device.

3.6 PMP does not produce, select, edit, or otherwise control the API Content, and makes no representations as to the accuracy, completeness, timeliness, reliability, or noninfringement of Content. Content Providers are solely responsible for any API Content submitted using their account. PMP does not and cannot review all API Content submitted by Content Providers and is not responsible or liable for any API Content submitted through the PMP API.

3.7 PMP has the right (but not the obligation) to review, screen, delete, edit, and/or move any API Content that it deems, in its sole discretion, to be in violation of these Terms, or for any other reason, as determined in PMP’s sole discretion. If PMP has questions about API Content, PMP reserves the right, but not the duty, to contact the Content Provider for further information, including, for example, to verification that the Content Provider owns the copyright or otherwise has the rights to post the Content.

3.8 PMP reserves the right to apply sponsorship and track usage of any API Content with the explicit permission of the Content Provider.

3.9 Users must be at least 13 years of age in order to submit API Content.

4. API Content Use and Limitations

4.1 API Content is available to registered Users provided that the use or display:

4.1.a conforms to the terms, conditions, and restrictions imposed by the Terms, and where applicable, the Content Provider License Terms for the API Content they wish to use; and

4.1.b does not suggest that any Content Provider promotes or endorses you or any third party or the causes, ideas, websites, products or services of you or any third party; and

4.1.c does not in any way change or distort the fundamental meaning of the content; and

4.1.d does not re-create any Content Provider web sites, or any portion thereof, that is made available by the API Content; and

4.1.e does not modify headlines, links or any metadata included with the Content; and

4.1.f includes the publication date of the Content; and

4.1.g includes a link back to the originating website, if provided by the Content Provider; and

4.1.h provides attribution for the Content Provider by including the name of the API Content owner; and

4.1.i streams any audio or video files included with the API Content directly from the originating servers; and

4.1.j does not cache or enable the caching of API Content for longer than 48 hours without refreshing the cache; and

4.1.k immediately removes any cache if the API Content is deleted or no longer available to the User.

4.2 Publicly available applications, such as through an app store or app market, may not use PMP’s intellectual property, any program name, or any PMP logo or PMP-provided images in the title or name of, or logo or icon for, the application. However, the description of the application may include a reference to PMP or any program name in a factual description of the content included in the app, provided that the description also notes that the application is not an official PMP application.

4.3 Upon the request of the Content Provider and/or PMP, Users shall promptly cease all use of, and remove from their application, any API Content identified by the Content Providers.

4.4 PMP sets and enforces limits on the use of API Content (e.g. limiting the number of API requests that a User may make), in its sole discretion, and Users agree to, and will not attempt to circumvent, such limitations.

4.5 Users may not interfere with or disrupt the integrity or performance of the PMP API or use the PMP API in any way which degrades its reliability, speed or operation, or its underlying hardware or software. In addition Users may not attempt to gain unauthorized access to the PMP API or related systems or networks.

4.6 Users may use the API Content only as expressly permitted in these Terms and any Content Provider License Terms. Any other use of API content requires prior written permission from PMP or the Content Providers.

5. Termination of License

5.1 Content Providers and/or PMP may terminate a User’s license to some or all API Content at any time.

5.2 PMP reserves the right to change, terminate or suspend the PMP API, in any way, at any time, for any reason or no reason.

6. Intellectual Property Rights

6.1 All Intellectual Property rights associated with the PMP API, including PMP names, logos and program names, and User names, logos and program names, are the Intellectual property Rights of PMP or the Users. All rights are reserved by the respective owners.

6.2 You may not use any PMP-provided trademarks, servicemarks, logos or graphics, without PMP’s prior written consent, except that you shall have the right, and obligation, to use any PMP or other Content Provider trademark and servicemark or logo included in, or required to be used in connection with, API Content, subject to the requirements set forth in these Terms for the use of the API Content.

6.3 Any other use of PMP’s trademarks and servicemarks, the names or servicemarks of any API Content source, or of the API Content requires the prior written permission of PMP or the Content Provider.

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

7.2 In some cases, PMP Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.

8. International Users

PMP Services are controlled and operated within the United States. PMP makes no representation that content, materials or products available on or through PMP Services are appropriate or available for use outside of the United States. If you access PMP Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and United States export laws and regulations.

9. Indemnity

Users agree that they will indemnify and hold harmless PMP, its partners, organizations and API 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) User’s breach of any of the above representations and warranties, (2) User’s use of the PMP API, (3) the API Content that Content Providers have submitted on or through the PMP API, or (4) PMP’s publication, distribution or use of such API Content, or the authorized publication, distribution or use of API Content by PMP or PMP API Users.

10. Limitation of Liability

THE PMP API AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE THROUGH THE PMP API 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. PMP DOES NOT WARRANT THAT THE PMP API WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES PMP MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PMP API 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 PMP API. USE OF THE PMP API IS ENTIRELY AT YOUR OWN RISK.

IN NO EVENT WILL PMP, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PMP API.

IN NO EVENTS WILL PMP, ITS DIRECTORS, OFFICERS AND EMPLOYEES, PARTNERS OR MEMBERS BE LIABLE FOR ANY CLAIMS RELATING TO ANY CONTENT AVAILABLE ON OR THROUGH THE PMP API, OR IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. AS BETWEEN PMP AND CONTENT PROVIDERS, EACH CONTENT PROVIDER IS SOLELY RESPONSIBLE FOR ANY SUCH CLAIMS.

11. Amendments to the Terms

PMP reserves the right, at its discretion, to modify, add or delete portions of the Terms at any time by posting an updated Terms on the PMP Services. Please check the Terms frequently for updates. Any modifications, additions or deletions to the Terms shall be effective immediately upon posting. Continued use of the API following the posting of updated Terms will mean agreement to those changes.

12. Miscellaneous

12.1 These Terms shall be 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 the Terms or relating to the PMP Services shall be litigated in the local or Federal courts located, and Users hereby consent to personal jurisdiction and venue, in the District of Columbia.

12.2 A modification or waiver of a part of the Terms shall not constitute a waiver or modification of any other portion of the Terms.

12.3 These Terms are separate and distinct from the terms of use governing the web sites, applications and services of PMP’s member stations, and the web sites, applications and services that may link to or from the PMP Services.