Terms of Use

Sparticl is a website owned and operated by Twin Cities Public Television, Inc. This website terms of use agreement (the "Agreement") is between you and Twin Cities Public Television, Inc. ("tpt") with a principal place of business at 172 E. Fourth Street, St. Paul, MN 55101 USA. Use of this website including any user profiles, commenting, community areas, or other sharing features contained herein (collectively "Sparticl") signifies your agreement to the terms and conditions of use set forth below in the Agreement. By accepting this Agreement in connection with your use and/or account with Sparticl, you represent that you are at least 13 years of age and you have the legal authority to enter into this Agreement. If you are at least 13 years of age and less than 18 years of age, you represent that (i) your parent or legal guardian has consented to your having an account in Sparticl, participating in Sparticl, and providing your personal information in connection with Sparticl; and (ii) your parent or legal guardian has read and accepted this Agreement on your behalf. If you are under 13 years of age, you may explore all of the content on the site, but you cannot participate in the social features or earn points and rewards.

  1. During the account creation process, you will be required to select a password. You shall not share the account, password, or other login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. If for any reason you believe or have knowledge of a breach of the security of that information, you must immediately notify tpt and modify your login information. You are solely responsible for maintaining the confidentiality of that information, and you will be responsible for all uses of same. 
  2. User names cannot include your last name. They cannot be offensive in any way or an impersonation or the same or confusingly similar to a famous trademark. We reserve the right to reject any user names we believe are inappropriate for this site.
  3. If you decide to connect using your Facebook account, you hereby authorize Facebook to share information with Sparticl and for Sparticl to use your Facebook E-mail address for registration and logging in. You also authorize Sparticl to post on your Facebook page or timeline on your behalf, including but not limited to status updates and photos. This permission is so Sparticl users can easily share the Sparticl graphic and URL of a Sparticl topic or resource with friends on Facebook.   
  4. tptmay monitor your use of Sparticl, and may freely use and disclose any information and materials received from you or collected through your use of Sparticl in accordance and consistent with the Sparticl Privacy Policy or for any lawful reason or purpose. Sparticl uses technical filters, member moderators, and Sparticl moderators to supervise activity on the Sparticl Website in order to offer a safe environment for all visitors.  Sparticl encourages all parents to be actively involved in following their children’s activity on the Internet.
  5. Sparticl is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of Sparticl are only for your personal, non-commercial use. All materials contained on Sparticl are protected by copyright, and are owned or controlled by tpt or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on Sparticl. You may use Sparticl for personal, noncommercial use only. Because Sparticl contains elements or information from other websites, you agree to comply with their respecting terms of use and other policies. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from tpt or the copyright holder identified in the individual content’s copyright notice.
  6. By registering; posting messages, reviews, feedback, comments, or uploading files, text; inputting data; or engaging in any other form of communication (individually or collectively "Communications") on Sparticl, you hereby grant to tpt a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against tpt for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
  7. You acknowledge that transmissions to and from Sparticl are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Sparticl, no confidential, fiduciary, contractually implied, or other relationship is created between you and tpt other than pursuant to this Agreement. You understand that any Communications you have submitted to Sparticl may remain even after you have canceled or deactivated your account.   
  8. Sparticl contains links and pointers to other related Internet sites and resources. Links to and from Sparticl to other third party sites, maintained by third parties, do not constitute an endorsement by tpt or any of its subsidiaries or affiliates of any third party resources, or their contents, nor does tpt have  control over the content, operations, policies, terms, or other elements of any linked sites. tpt is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites, nor is tpt liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, or otherwise, arising out of or related to any linked sites or their products or services. 
  9. tptdoes not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through Sparticl. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. tpt reserves the right, in its sole discretion, to correct any errors or omissions in any portion of Sparticl.
  10. While tpt may supervise and/or moderate activity on Sparticl, tpt does not and cannot review all materials posted to Sparticl by users, including any Communications as defined herein and tpt is not responsible for any such materials or Communications posted by users. However, tpt reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in tpt's sole discretion are objectionable or in violation of this Agreement.
  11. tptmay change, suspend, or discontinue any aspect of Sparticl at any time, including the availability of any Sparticl feature, database, or content. tpt may also impose limits on certain features and services or restrict your access to parts or the entire Sparticl without notice or liability. Further, tpt may at any time suspend, remove, or revoke your account or any aspect thereof, if in tpt’s sole opinion the activity in your account or on this website constitutes a violation of these Terms of Service or any third party’s rights or if you use Sparticl or any of its features in any way that tpt believes, in its sole and exclusive discretion, may injure tpt and/or impedes or affect others’ enjoyment and full use of Sparticl and its features.  
  12. Sparticl may offer certain features and services that are available to you via your mobile and wireless devices. Sparticl is free to use, however the usage will contribute to the data usage and fees may be charged by your carrier for your mobile and/or wireless device. Fees and charges may appear on your bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain features and/or there may be certain features that are not compatible with your carrier or mobile or wireless device.
  13. You represent, warrant, and covenant that:  (a) if you have registered an account with Sparticl  that you are over 13 years old and (b) you shall not upload, post, or transmit to or distribute or otherwise publish through Sparticl any materials which (i) restrict or inhibit any other user from using and enjoying Sparticl, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
  14. You hereby agree to indemnify, defend, and hold tpt, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. tpt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of tpt.
  15. SPARTICL, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH SPARTICL, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TPT AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON SPARTICL OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH SPARTICL, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH SPARTICL OR ANY LINKED SITE. FURTHER, TPT AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TPT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SPARTICL OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SPARTICL OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TPT AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF SPARTICL, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
  16. IN NO EVENT SHALL TPT OR ITS SUPPLIERS, VENDORS OR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDCIDENTAL, PUNITIVE, MULTIPLE, INDIRECT OR CONESEQUENTIAL DAMAGES OF ANY KIND, EVEN IF TPT HAS BEEN ADVISED OF THE POSSIBBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.
  17. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MINNESOTA.
  18. This Agreement constitutes the entire agreement between tpt and you with respect to your use of Sparticl. Any cause of action you may have with respect to your use of Sparticl must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. tpt reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

In an effort to protect the rights of copyright owners, tpt maintains a policy for the termination, in appropriate circumstances, of any information or users of this website who are repeat infringers. If you believe any materials accessible on or from this website infringes your copyright, you may request removal of those materials (or access thereto) from this website by contacting tpt’s Copyright Agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number, and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative. tpt’s agent for copyright issues relating to this website is as follows:

US MAIL:

Melissa Wright

 

Legal Department

 

TWIN CITIES PUBLIC TELEVISION, Inc. (tpt)

 

172 East Fourth Street

 

Saint Paul, Minnesota 55101

   

EMAIL:

infringement@tpt.org