PBS API Terms of Service

By using the PBS API(s), you understand and agree that PBS will treat your use of the PBS API(s) as acceptance of these Terms of Service (the “Terms” or “Agreement”) from that point onwards. “You” and “Your” means you, your officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, and corporate affiliates. “PBS” means the Public Broadcasting Service, its officers, directors, employees, agents, member stations, licensors, licensees, assigns or successors, and corporate affiliates. You and PBS are each a “Party” and collectively the “Parties” hereto.
1.Definitions 1."Application": Any application that you develop using the PBS API(s) to use, search, display and/or distribute PBS content.
2."PBS API(s)" or “API(s)”: The PBS API (Application Programming Interface), including data and information made available through the API, is a web-based interface that allows third parties to set and retrieve data on the PBS computer systems in a secure and standardized fashion.
3."PBS Content" or “Content”: All audiovisual content and associated data served or otherwise provided by PBS through any platform including, but not limited to, PBS’s or PBS stations’ websites.
4."PBS Player" or “Player”: The video player provided by PBS.
5.“PBS Services” or “Services”: Any product or service made available to any person by PBS including, but not limited to, the PBS API(s) ,PBS Content and PBS Player.

2.API Use, Termination and TOS Changes 1.Subject to your compliance with this Agreement, PBS grants you a non-commercial, revocable, limited, worldwide, non-exclusive license to use the PBS API(s), and the PBS Player for the purpose of developing, publicly displaying, and distributing an Application developed by you only in accordance with these Terms, and the PBS Content made available via the API(s). PBS may revoke this license at any time for any reason. PBS may also limit calls from your application at any time for any reason.
2.PBS reserves the right to update and change these Terms from time to time which will become effective upon notice to the provided contact information. IF YOU DO NOT AGREE TO SUCH CHANGES YOU ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE PBS API, PBS PLAYER AND/OR PBS CONTENT AFTER NOTICE OF CHANGES TO THESE TERMS HAS BEEN GIVEN CONSTITUTES YOUR BINDING ACCEPTANCE OF SUCH CHANGES. You can always find the most recent version of these Terms here: www.open.pbs.org/support/api-terms-service.html
3.PBS may add, modify or delete any PBS Content without notice.

3.Determination of Compliance of Terms PBS reserves the sole right and discretion to determine whether your use of the PBS API(s), Content, Player, Services and brand features is in compliance with these Terms, and may monitor your use to ensure such compliance.

4.Non-Commercial Use 1.Free access (no fees). To the extent your Application is available to third parties or the general public, your Application must be accessible to users without charge and must not require a fee-based subscription or other fee-based restricted access, unless expressly authorized by PBS. This rule applies to your Application, PBS Content and any other content in your PBS API implementation, whether your content or the other content is in existence now or is added later.
2.You shall not sell advertising, sponsorships, or promotions within your Application or in association with the PBS Content or PBS Player.
3.You shall not sell, rent, lease or charge a fee to access the PBS API, PBS Content or PBS Player, or related Services.

5.Restrictions
In addition to the other terms set forth herein, You, and/or your Application(s), shall not: 1.Misrepresent your identity when registering for use of the PBS API, use the developer credentials licensed to a different individual or entity, or mask your usage of the PBS API.
2.Modify PBS Content or the PBS Player in any way.
3.Violate any applicable laws, regulations, PBS’s Terms of Use, and PBS’s Privacy Policy, or other documented policies provided with the API(s).
4.Display branding to suggest an affiliation with PBS or PBS stations.
5.Display branding to disparage PBS, its products, services, or stations.
6.Remove, destroy, obscure, distort, or modify PBS Marks or PBS stations’ branding.
7.Charge user fees for your Application(s), including but not limited to access PBS Content, unless expressly authorized by PBS.
8.Perform direct marketing or advertising, unless expressly authorized by PBS.
9.Reverse engineer or decompile the PBS API(s).
10.Crawl or data mine PBS Content or data without PBS’s prior written consent.
11.Introduce viruses, worms, Trojan Horses, malware, etc. through the application.
12.Encourage or create functionality for your users or other third parties to: separate, isolate, or modify the audio or video components, or remove advertising, of any PBS Content made available through the PBS API.
13.Encourage or create functionality for your users or other third parties to: copy or store copies of PBS Content, unless expressly authorized by PBS in writing.
14.Encourage or create functionality for your users or other third parties to: (i) access any portion of any PBS Content by any means other than use of a PBS Player or other means expressly authorized by PBS; (ii) circumvent, disable or otherwise interfere with security-related features of PBS API(s), PBS Content or the PBS Player; or (iii) create or enforce limitations on use of PBS Content, or the PBS Player, unless expressly authorized by PBS in writing .
15.Create, serve, solicit, publish, transmit or otherwise contain any material that is illegal or pornographic.
16.Collect or modify PBS user account information.
17.Collect, store or share personal information of children under the age of 13.
18.Infringe, or facilitate infringement of, any third party rights.
19.Confuse or mislead users about the source or purpose of your Application.
20.Interfere or attempt to interfere in any manner with the proper workings of the PBS API, or create or distribute any Application that adversely affects the functionality or performance of PBS Services or networks.

6.Confidentiality You shall not disclose your developer credentials or your API application IDs to any third party except your agent(s) using such information solely on your behalf in accordance with this Agreement and under a written duty of confidentiality. "Confidential Information" means all non-public PBS software, technology, programming, and specifications relating to the PBS API(s), and any other information designated in writing by PBS as "Confidential" or an equivalent designation. In addition to economic harm that PBS may suffer from the unauthorized release of Confidential Information, you agree that PBS may suffer damages from the unauthorized release of Confidential information that are difficult to calculate in monetary terms. You agree that PBS may seek all remedies to limit this damage, including remedies at equity such as seeking an injunction against the release of Confidential Information, without posting a bond.

7.End User Terms 1.If your Application allows end users to access PBS Content or the PBS Player or other PBS Services that are subject to specific terms of use, you shall: a.(a) display to the users of your Application the link to PBS's terms of use established for those Services as presented through the Service(s) or described in the PBS API documentation;
b.(b) explicitly state in your Application's terms of use, or in another conspicuous place in your Application that, by using your PBS API implementation, your users are agreeing to be bound by PBS's terms of use for such Service(s); and
c.(c) protect the privacy and legal rights of those users.


8.Responsibility for Breaches You agree that you are solely responsible for (and that PBS has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the direct and/or indirect consequences of any such breach (including any loss or damage that PBS may suffer).

9.Usage and Quotas PBS may, in its sole discretion, set a quota of operations on your PBS API usage. You shall not attempt to circumvent automated use-quota restrictions.

10.Restrictions Against Data Export or Duplication No mass downloads or bulk feeds of content. You must not use the PBS API(s) in any manner that gives you or any other person access to mass downloads or bulk feeds of any content.

11.Intellectual Property 1.As between PBS and you, (a) PBS owns the PBS API, the PBS Content, the PBS Trademarks, the PBS Player, and the PBS Website; and (b) You own Your Application, subject to the licenses set forth herein for any PBS property contained in your Application. Except as expressly set forth in this Agreement, neither party herby transfers any right, title, or interest in or to its intellectual property.
2.You grant PBS a limited, non-exclusive license to use your name, logo, and trademarks for the purpose of listing or featuring your application on the PBS website. You further grant PBS permission to link to your application. The foregoing rights shall not be deemed obligations by PBS to promote your application in any way.
3.PBS may develop applications and services that are similar to or that compete with your application. You agree that PBS owes you no compensation or attribution for any such applications.

12.Agreement Termination PBS reserves the right to terminate these Terms or discontinue the Services or any portion or feature for any reason and at any time without notice, liability or other obligation to you. Any licenses granted to you under this Agreement shall terminate automatically without notice if you violate any term of this Agreement. Upon termination, PBS may independently communicate with your representatives, agents and any third party associated with your Application to provide notice of the termination of your right to use the PBS API, PBS Player, PBS Content and any PBS Marks.

13.Exclusion of Warranties 1.NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT PBS’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND PBS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, PBS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT: a.YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
b.YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
c.THE INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
d.DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

3.ANY CONTENT OBTAINED THROUGH THE USE OF THE PBS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
4.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PBS, OR THROUGH OR FROM THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
5.PBS, ITS LICENSORS, AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14.Limitation of Liability 1.SUBJECT TO THE EXCLUSION OF WARRANTIES HEREIN, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PBS, ITS SUBSIDIARIES, AND AFFILIATES, AND PBS’S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR: a.ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO: CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES; ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS); OR
b.ANY LOSS OR DAMAGE AS A RESULT OF: i.ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PBS SERVICES;
ii.ANY CHANGES THAT PBS MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
iii.THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
iv.YOUR FAILURE TO PROVIDE PBS WITH ACCURATE ACCOUNT INFORMATION; OR
v.YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

c.THE LIMITATIONS ON PBS’S LIABILITY TO YOU SET FORTH HEREIN WILL APPLY WHETHER OR NOT PBS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.


15.Indemnities 1.You hereby agree to defend, indemnify, and hold PBS, its officers, directors, agents, affiliates, strategic partners, licensors and their suppliers ("the Indemnified Parties") harmless from and against any claim or liability arising out of: a.Your use of the PBS API(s), PBS Player or PBS Content in breach of the Terms or applicable policies;
b.Your Application or other PBS API implementation;
c.any use by users of your Application;
d.any claim that your Application or your content therein violates any applicable law.
e.any claim that your Application or your use of PBS API(s) infringes any third party intellectual property right or right of privacy.

2.You will cooperate as fully as reasonably required in the defense of any claim. PBS reserves the right, at its own expense, to participate in the defense of any matter subject to indemnification by you; provided, however, that any costs PBS incurs, including but not limited to PBS’s attorneys’ fees, that are a result of Your refusal or inability to defend PBS pursuant to Your indemnity obligations hereunder shall be included in your indemnity obligations hereunder. You acknowledge that damages for improper use of the PBS API(s), PBS Player or PBS Content may be irreparable; therefore, PBS is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.

16.Publicity You shall not issue any public announcement regarding your use of the PBS API, PBS Player, or PBS Content that suggests partnership with PBS without PBS's prior review and written approval in each instance, at PBS's sole discretion.

17.Release You hereby release and covenant not to sue PBS and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the PBS API(s); (b) pertaining to any applications that PBS develops that are similar to or in competition with your Application(s); and (c) which otherwise may arise in connection with your use of, reliance on, or reference to the PBS API(s). If you have a dispute with one or more PBS account owners, you release PBS and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims arising out of or in any way connected with such disputes. If you are a California resident, You waive California Civil Code 1542 which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

18.PBS Marks PBS, PBS program names, member station names, logos, program names, domain names, and content provider names, logos and program names, are service marks of Public Broadcasting Service, its member stations or the content providers. All rights are reserved by the respective owners. You may not use any PBS-provided service marks, logos or graphics, without PBS’s prior written consent, except that you shall have the right, and obligation, to use any PBS, PBS member station or other content provider service mark or logo included in, or required to be used in connection with, API content, content feeds, PBS’s Player, PBS Content or other functionalities of the PBS Services, subject to the requirements set forth in these Terms of Use for the use of the API content, content feeds, PBS Player, or other functionalities of the PBS Services.

19.Links to Third Party Sites and Services The PBS Services contain links to Internet sites, applications and services maintained by third parties, over which PBS has no control. PBS does not endorse the content, operators, products or services of such sites, and PBS is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. PBS 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. In some cases, the PBS 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. The PBS Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, or OpenID. Please be aware that those third party services are unrelated to PBS, and that your use of the third party services is subject to the terms and policies of those services.

20.Miscellaneous These Terms are governed by the laws of the Commonwealth of Virginia, except for Virginia's conflicts of laws principles, and all claims arising out of or relating to these Terms shall be litigated exclusively in the federal or state courts of Arlington, Virginia, USA, and You and PBS consent to exclusive personal jurisdiction in those courts. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents to PBS, if any, by email, but any modifications by You to these Terms shall be made in a writing (not including email) and must be duly executed by both parties before becoming effective. Any notices to PBS shall be sent via first class or air mail or overnight courier to the attention of the Legal Department at our corporate headquarters address as set forth on our website, and is deemed given upon receipt. A waiver of any default of these Terms is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of these Terms will remain in full effect. You shall not assign or otherwise transfer any of Your rights or delegate Your obligations hereunder and any such attempt is null and void. You and PBS are not legal partners or agents, but are independent contractors.

21.Survival Sections 1, 3, 6, 8, 11, and 13 through 21 shall survive the expiration or termination of this Agreement.