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Terms of Use

Terms of Use:
Iowa Public Radio, Inc. (“IPR”) maintains this site for your personal information, education, and entertainment. Please read these Terms of Use before using or otherwise interacting with https://www.iowapublicradio.org, https://www.studioone.org, or any of IPR’s other sites, applications, platforms, digital presences (such as social media accounts) or services or any features of these. This may include, but is not limited to, content feeds, podcasts, forums and discussions, which includes on-air conversations (collectively, the “IPR Services” or “Services”). By using any of the IPR Services, you agree to be bound by these Terms of Use and acknowledge that IPR's Privacy Policy describes how we and others may collect and use information when you use the IPR Services. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately exit the IPR Services and you may not use the Services or any of their features.

We may modify, add or delete portions of these Terms of Use or the Privacy Policy at any time by notifying you of the change in writing (including by email or by posting the modified Terms of Use on the IPR Services and updating the date below. 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 our Services 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 other public media stations as well as other sites, applications, platforms, and services that may link to or from the Services.

Copyrights:
The contents of the IPR Services are protected by U.S. and international copyright laws. The contents of the IPR Services are owned by or licensed to IPR through its relationship with NPR and other producers or providers of programs or other content (“Content Providers”). In the case of User Materials (as defined in the “User Materials” section of these Terms of Use), you are a Content Provider that provides content to IPR. 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 IPR Services without the prior written consent of IPR, except as provided in these Terms of Use. You are prohibited from using, or enabling others to use, any content, information, or other material on IPR Services to build or train large language models, machine learning tools, or artificial intelligence (AI) systems without the prior written consent of IPR. All rights not expressly granted in the Terms of Use are reserved to IPR.

You may copy, download one copy on a single device, and print a limited amount of content for your personal, noncommercial use only, provided that 1.) You include without modification all copyright and other proprietary notices contained in the content. 2.) You do not modify the content, 3.) You do not use the content in a manner that suggests IPR promotes or endorses your, or any third party’s, causes, ideas, products, sites, applications, platforms or services, 4.) You do not use the content in any way that is unlawful or harmful to any other person or entity, 5.) You do not scrape any content to replicate or republish the content, and 6.) You do not use the content to build or train large language models, machine learning tools, or artificial intelligence (AI) systems. Subject to the conditions in the preceding sentence, you may use widgets and tools on the IPR Services that allow selected User Materials to appear on your personal, noncommercial blog, site, application, platform or service.

You may use the content feeds, APIs, podcasts, media players, and other features of the IPR Services, and content accessed therefrom, only as expressly permitted in these Terms of Use, including the "Use of Content: Conditions and Acknowledgments."

Restrictions on Use of Services: The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of IPR; (b) you shall not use any metatags or other “hidden text” using IPR’s name or trademarks; (c) you shall not modify, translate, adapt, merge, make derivative work of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; and (d) you shall not use any manual or automated software, devises or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tolls or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from searchable indices of the materials, but not for machine learning or AI content generation purposes or to serve as caches or archives of such materials).

Images: Images of people or places displayed on the Services are either the property of, or used with permission by, IPR. The use of these images by you, or anyone else authorized by you, is prohibited, except only to the extent that specific permission is provided elsewhere on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues.

Trademarks: All trademarks, service marks or trade names of Iowa Public Radio used in the Services are registered or unregistered trademarks of IPR and are the property of Iowa Public Radio, Inc., or are used with permission by IPR. These marks are protected from reproduction, imitation, dilution and confusing or misleading uses under national and international trademark laws, and all rights in these marks are reserved by their respective owners. Except as otherwise expressly permitted elsewhere in these Terms of Use, you may not use any such marks without the prior written consent of Iowa Public Radio.

Digital Millennium Copyright Act (“DMCA”) Notices & Copyright Agent: Iowa Public Radio respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on IPR’s website, please provide the following information in writing to IPR’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on our site;
  3. A description of the material that you claim 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 sufficient to permit us to locate the material;
  4. Information so that we can contact you, such as address, telephone number and email address;
  5. A statement that you have 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
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or submitted to Iowa Public Radio, that was/were subsequently removed from IPR’s website, or to which access was disabled, was/were improperly removed or disabled, please provide the following Counter-Notice to IPR’s Copyright Agent (see 17 U.S.C. § 512(g) for further detail):

  1. Your physical or electronic signature;
  2. A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, telephone number and email address, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Iowa Public Radio’s Copyright Agent can be reached as follows:
Matt Sieren, Copyright Agent
Iowa Public Radio
2111 Grand Avenue, Suite 100
Des Moines, IA 50312
Phone: 515-383-8402
Email:copyright@iowapublicradio.org

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the IPR Services, please contact IPR through our Contact Us page.

Links to the IPR Services:
Iowa Public Radio is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, although IPR encourages and permits links to content on the IPR Services, the linking should not suggest that IPR promotes or endorses any third party’s causes, ideas, sites, products or services, or use IPR content 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.

Links to Third Party Sites:
The IPR Services contain links to sites, applications, platforms and services maintained by third parties over which IPR has no control. IPR does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and IPR is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services. IPR 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, applications, platforms and services.

Certain third-party content made available through the IPR Services may be subject to other terms.

In some cases, the IPR 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.

Podcasts:
Iowa Public Radio provides podcasts consisting of audio 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. Podcasts are available only for personal, noncommercial use. You may download, copy and/or transfer a podcast to a device only for your personal, noncommercial use, and you also may link to podcasts from your site, application, platform or service provided that you do not modify the content.

IPR Services - High Data Usage Warning and Motor Vehicle Usage:
Iowa Public Radio does not charge you for the use of its 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 IPR Services, and you agree that you are solely responsible for any costs you incur to access the IPR Services, including any excess data charges. The use of the IPR 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 IPR Services.

Feedback:
You agree that your submission of any ideas, suggestions, documents, and/or proposals to IPR (“Feedback”) is at your own risk and that IPR has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to IPR the right to use any Feedback in any way at any time without any approval or compensation, and you hereby waive any right that you may have to any such compensation.

User Materials:
Users of the IPR Services may post, upload, transmit and otherwise submit (collectively “Submit”) comments, messages, recommendations, photos, images, story ideas, essays and other content and materials (“User Materials”) on or through the social networking features, forums, discussions, Contact Us page, and other current or future features of the Services. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties, and the Internet, and may be viewed by IPR staff and on the IPR Services by the general public. You acknowledge that the Services, including the social networking features, discussions, Contact Us page and other features of the Services, are for generally public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information.

You retain the copyright and other ownership rights in any User Materials that you Submit on or through the IPR Services. However, by submitting User Materials on or through the IPR Services, you grant IPR or/and other Content Providers and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable, sub-licensable through multiple tiers of sub-licensees, assignable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats, channels or platforms, whether now known or hereafter devised, which includes User Materials submitted on any of the IPR Services. You will not receive any compensation of any kind for the use of any User Materials that you Submit and you hereby waive any right to any compensation you may otherwise have. You further grant IPR the right to contact you in connection with your User Materials and to use your name, location and other information that you have provided in connection with the User Materials.

For any User Materials you submit on or through the IPR Services, you agree to abide by the “Rules of Use for the Service” set forth below and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations and Indemnity” section below.

When posting or submitting material to the IPR Services, be certain your posting does not compromise your personal safety. You acknowledge that whenever you give out personal information online, that information can be collected and used by people you do not know. IPR cannot guarantee the security of any information you disclose online using the IPR Services; you make such disclosures at your own risk.

Rules of Use for the Service:
By using IPR Services, including by registering for any Services, participating in IPR social networking features, forums and discussions, submitting User Materials through the Services, the Contact Us page or other means, using Content Feeds, podcasts, or any other features of the Services, you agree to the following rules:

  1. You must be at least 18 years of age to submit any User Materials or personally-identifying information on or through the IPR Services, participate in any contests, or place an order in the IPR Shop. If you are between the ages of 13 and 18, you may browse the IPR Services or register for email newsletters or other features of the Services 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.
  2. 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.
  3. You may not submit any User Materials or links to material that are 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.
  4. 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 IPR, IPR’s assignees and sub-licensees, and users of the IPR Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
  5. 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 IPR Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
  6. 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 IPR or users of the Services. You may not use the Services to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws.
  7. You may not interfere with or disrupt the integrity or performance of the IPR Services, any portion or contents thereof, or related systems or networks, or use the Services 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 Services or related systems or networks.
  8. By submitting any User Materials on or through the Services, you grant to IPR the licenses to use those User Materials specified in the “User Materials” section of these Terms of Use.
  9. You are solely responsible for any User Materials submitted using your account. IPR does 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 Services. However, IPR has 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.
  10. IPR is not responsible or liable for any User Materials submitted by you or a third party, including any User Materials, on or through the IPR Services. IPR cannot verify the accuracy of statements that users make or place on or through the Services, 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.

Rules for participating in social media or discussion platform conversations:
Certain Rules of Use from above are restated here to provide explicit understanding around what constitutes IPR’s comment and discussion moderation decisions. If your contribution to a conversation through any of the IPR Services violates one of the ten rules stated below, or the other Rules Of Use stated throughout these Terms of Use, IPR reserves the right to immediately delete or hide your comments from further view without providing you with additional explanation.

  1. If you can’t be polite, don’t say it. We don’t want to stifle discussion of controversial issues, and some topics require blunt talk, during which we will not always agree with each other. Nonetheless, please disagree without being disagreeable. Focus your remarks on positions, not personalities. No personal attacks, name calling, libel, defamation, or hate speech. And under no circumstances should you post anything that could be taken as threatening, harassing, bullying, obscene, pornographic, sexist or racist.
  2. Don’t use obscenities–even if the word in question is often used in conversation. You are participating in a public forum and we want everyone to feel comfortable participating.
  3. Anything you post should be your own work. You’re welcome to link to relevant content and to quote limited amounts from other people’s work with attribution and any associated copyright notice and consistent with “fair use” principles of copyright law. But that doesn’t mean you can copy and paste wholesale.
  4. Please stay on topic. Think of it this way – if you hosted a book club meeting at your home, you wouldn’t want someone to show up and insist on discussing reality TV shows.
  5. Keep your comments to 400 words or less. Generally, anything beyond a few paragraphs had better be very, very interesting to the larger community. We reserve the right to edit for brevity, clarity and other purposes.
  6. Doxing is not permitted. Please respect people’s privacy. We love to learn about new and interesting individuals, but most people will not be happy to have their contact information published, particularly by someone who is not them. Please do not share another’s contact information through discussion threads or social networking features.
  7. Feel free to share your ideas and experiences about religion, politics, and relevant products or services you’ve discovered. But this is not a place for advertising, promotion, recruiting, campaigning, lobbying, soliciting, or proselytizing. We understand that there can be a fine line between discussing and campaigning; please use your best judgment – and we will use ours.
  8. We appreciate the news tips members of the public send us. However, Iowa Public Radio does not promote or permit the publicizing of rumors, allegations, conspiracy theories and other information which we know to be false or unsubstantiated. Be yourself – and not someone else.
  9. Please don’t use public forums for individual communications. Similarly, if you have comments about Iowa Public Radio coverage or policies generally, please don’t use the site discussion threads to air them. For issues regarding editorial content or policies, write to news@iowapublicradio.org.
  10. Intentional misinformation will be hidden or deleted from comments. In times of crisis or ongoing emergency, providing intentional misinformation causes harm to the public good. As such, IPR will quickly and without further explanation hide or delete these types of content.

Representations and Indemnity:
You represent and warrant that 1.) If you Submit any User Materials or personally-identifying information on or through the Services, you are at least 18 years of age, 2.) You have obtained all clearances, releases, licenses and rights to any User Materials you submit on or through the Services that may be necessary for their use as contemplated by the Services and these Terms of Use, 3.) There are no encumbrances or restrictions on the User Materials or their use as contemplated by the Services and these Terms of Use, 4.) The User Materials, and their use by IPR, IPR’s sub-licensees and assignees, and other users of the Services, do 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 5.) Your use of the Services complies with these Terms of Use.

You agree that you will indemnify and hold harmless IPR and its respective directors, officers, employees, members, and licensees (the “IPR Parties”) 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 Services, 3.) The User Materials you have Submitted on or through the Services, 4.) IPR’s publication, distribution or use of such User Materials or 5.) Your violation of any applicable laws, rules, or regulations.

IPR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with IPR in asserting any available defenses. This provision does not require you to indemnify any of the IPR Parties for any unconscionable commercial practice by the IPR Parties or for the IPR Parties’ gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this Section will survive any termination of this Agreement or your access to the Services.

Disclaimer:
IPR is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the IPR Services. IPR cannot verify the accuracy of statements that users make or place on or through the IPR Services, 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.

THE IPR SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE IPR SERVICES ARE AVAILABLE ON AN "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY IPR. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. IPR DOES NOT WARRANT THAT THE IPR SERVICES, INCLUDING WITHOUT LIMITATION THE IPR CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, UNINTERRUPTED OR ERROR-FREE. IPR DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE IPR SERVICES 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 IPR SERVICES OR THROUGH LINKS ON THE IPR SERVICES. IPR MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF IPR SHALL CREATE ANY WARRANTY. USE OF THE IPR SERVICES IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE IPR SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE IPR SERVICES 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 IPR SERVICES.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS CLAIMS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM IPR'S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability:
IN NO EVENT WILL IPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE IPR SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE IPR SERVICES OR TO ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS), (C) FOR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR (D) IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN NO EVENT WILL IPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN, DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS CLAIMS OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM IPR'S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IPR'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.

No Unauthorized Export:
You may not use or otherwise export or re-export any of the IPR Services except as authorized by U.S. law and the laws of the jurisdiction in which the IPR Services were obtained. In particular, but without limitation, the IPR Services may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) to anyone on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the IPR Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the IPR Services for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

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

Right To Change IPR Services:
Iowa Public Radio reserves the right to change, terminate or suspend the IPR Services, any features of the IPR Services, and any content or materials contained in the IPR Services, in any way, at any time and for any reason or no reason. IPR also has the right to require you to cease accessing any features, content or materials of the IPR Services. In addition to suspending or terminating your access to the Services, IPR reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, these Terms of Use will remain enforceable against you. Additionally, all of your obligations and IPR’s rights that should by their nature survive termination of your use of the Services, including but not limited to your warranty and indemnification obligations, the disclaimers and limitations on IPR’s liability, and the license granted by you in User Materials you have Submitted, shall survive and continue in full force and effect.

Online Shopping:
In the event a product available on or through the IPR Shop is listed at an incorrect price or with incorrect information, IPR will 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 IPR’s acceptance of your order, nor constitutes confirmation of IPR’s offer to sell. IPR reserves the right at any time after receipt of your order to accept or decline your order for any reason. IPR may 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.

Accessing and Downloading Application(s) from the Apple App Store:
With respect to any IPR application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you agree that you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. The following applies to any IPR application accessed through or downloaded from the Apple App Store:

  • You acknowledge and agree that (i) these Terms of Use constitute an agreement between you and IPR only, and not Apple, and (ii) IPR, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any, acknowledging that IPR does not currently charge any fees for any App Store Sourced Application) for the App Store Sourced Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty, obligation whatsoever with respect to the App Store Sourced Application. As between IPR and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of IPR.
  • You and IPR acknowledge that, as between IPR and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  • You and IPR acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between IPR and Apple, IPR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
  • You and IPR acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

Without limiting any other terms of these Terms of Use, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Electronic Communications:
The communications between you and IPR use electronic means, whether you visit the Services or send IPR emails, or whether IPR posts notices on the Services or communicates with you via email. For contractual purposes, you (1) consent to receive communications from IPR in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that IPR provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.

Consumer Complaints:
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Miscellaneous:
These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the IPR Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the IPR Services. Notwithstanding the foregoing sentence, if you entered into a separate Digital Contributor Agreement with IPR, then the obligations of these Terms of Use and the Digital Contributor Agreement are in addition to each other and you shall comply with all of the obligations of these Terms of Use and the Digital Contributor Agreement. These Terms of Use are governed by the laws of the State of Iowa. To the extent permissible by law, any disputes under these Terms of Use or relating to the IPR Services shall be litigated in the local or federal courts located in the State of Iowa, and you hereby consent to personal jurisdiction and venue in the State of Iowa. 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.

Questions
If you have any questions about these Terms of Use, please contact IPR at digitalservices@iowapublicradio.org.

LAST UPDATED AND POSTED 01/27/2026