Terms of Service

1. If the user (“you”) chooses to use or visit mission-us.org (the “Site”); related or affiliated mobile sites and applications (collectively, with the Site, the “Services”), you agree to abide by all of the terms and conditions of these Terms of Service and the Privacy Policy  (incorporated herein by reference) between you and Thirteen Productions LLC and its affiliates (collectively referred to as “THIRTEEN”, “us” or “we”).
2. We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Services and by continuing to use the Services, you agree to any changes.
3. We may change, suspend or discontinue any aspect of the Services at any time.
4. The Services shall be used by you only in a noncommercial manner. You shall not, without the express approval of THIRTEEN, distribute or otherwise publish any material on the Site or utilizing the Services containing any solicitation of funds, advertising or solicitation for goods or services. You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding,” “mailbombing,” or “crashing” the Website, circumventing security or user authentication measures, or attempting to exceed the limited authorization and access granted to you under these Terms of Service. You may not frame portions of the Site within another website. You may not resell use of, or access to, the Site to any third party without our prior written consent.

1. The contents of the Services, including the Site, are intended for your personal, educational, and noncommercial use. All materials published on or through the Services (including, but not limited to articles, photographs, images, illustrations, audio clips or programs and video clips or programs, also known as the “Content”) are protected by copyright and owned or controlled by THIRTEEN or the party credited as the provider of the Content. You shall abide by all applicable copyright laws and additional copyright notices, information, or restrictions contained in any Content accessed through the Service. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part, except as provided in Sections 2.2 and 2.3 of these Terms of Service. Without THIRTEEN’s prior written consent, you may not use the Content or the Services for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.”
2. Where explicitly permitted, you may download the Content and other downloadable items displayed on the Services for personal use only, provided that: (a) you maintain all copyright and other notices contained therein; (b) you do not modify the content; (c) you do not use the content in a manner that suggests THIRTEEN promotes or endorses your, or any third-party’s, causes, ideas, web sites, products or services; and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from THIRTEEN’s Rights and Clearances Department, or the copyright holder identified in the copyright notice contained in the Content.
3. You may link to the Content on your personal web site, blog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation web site, blog, or similar application for noncommercial purposes only. You may display or excerpt from the Content provided that you obtain prior written consent, by contacting missionus@thirteen.org Your right to link, and potential right to display or excerpt from the Content, are contingent on abiding by the following provisions: (a) the links must redirect the user to the THIRTEEN Services when the user clicks on them; (b) you do not insert any intermediate page, splash page or other content between the links and the applicable THIRTEEN Services page; (c) the use or display does not suggest that THIRTEEN promotes or endorses any third party causes, ideas, web sites, products or services; (d) the fundamental meaning of the content, including the headlines and summaries, is not changed or distorted; and (e) you do not modify the stories or other content that are linked to by the Content.
4. If you wish to use the Content in any way not enumerated in this Section or elsewhere in these Terms of Service, express prior written consent is required. Requests for information regarding web posting, reprint, transcript or any licensing of Content, should be sent to missionus@thirteen.org.
5. THIRTEEN uses YouTube API Services to display some of our videos. By viewing these videos, you may be subject to YouTube’s Terms of Service (https://www.youtube.com/t/terms).
6. We do not accept any unsolicited ideas regarding the Services from outside THIRTEEN including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for THIRTEEN to utilize your submission, you hereby grant THIRTEEN an irrevocable, perpetual, worldwide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.  

1. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties through the Services, including information provided by users of the Services, are those of the respective author(s) or user(s) and not of THIRTEEN. THIRTEEN neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by any third party. By providing links to other sites, THIRTEEN does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to THIRTEEN or the Services. Under no circumstances will THIRTEEN be liable for any loss or damage caused by your use or reliance on information obtained through the Services. THIRTEEN is not responsible for any actions or inaction on your part based on the information that is presented on the Services.
2. TO THE EXTENT THIRTEEN OFFERS ANY HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SERVICES DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE.

1. The trademarks, trade names, slogans, logos, and other symbols or service marks referring to THIRTEEN and any of its affiliates and/or series and programs (the “Marks”) are the sole and exclusive property of THIRTEEN or its affiliates. All rights in these marks are reserved by their respective owners. You may not use any of the Marks without THIRTEEN’s prior written consent.
2. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by THIRTEEN, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from the Software.

1. THIRTEEN respects the rights of all copyright holders. If you are a copyright owner or an agent thereof and you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification to our Designated DMCA Agent (provided below) with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
   • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   • 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
   • 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;
   • 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;
   • 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
   • 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.

   Please direct all copyright infringement notifications to our Designated DMCA Agent at:

   Law Department – Attn: DMCA Agent
   WNET
   825 8th Ave, 14th Fl
   New York, NY 10019
   (212) 560-1313
   copyright@WNET.org

2. Counter Notice. If we remove your content due to a copyright notice, we will notify you via the contact information that was provided to us. If you believe that your content was removed or access to your content was disabled due to a mistake, misidentification, or that you have authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information, as required by the 17 U.S.C. § 512(g)(3) of the DMCA to the DMCA Agent (as designated above):
   • Identification of the allegedly infringing material that was removed and where it had been located;
   • A statement under the penalty of perjury that you believe in good faith that the allegedly infringing material was removed as a result of mistake and misidentification;
   • Your name, physical address, and phone number;
   • Consent to the U.S. federal district court jurisdiction where you are located;
   • Consent to service of process; and
   • A physical or electronic signature

   If a counter-notice is received by the WNET DMCA Agent, THIRTEEN may send a copy of the counter-notice to the original complaining party informing that person that THIRTEEN may replace the removed content and cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access restored, in 10 to 14 business days or more after receipt of the counter-notice, at THIRTEEN’s sole discretion.

1. You may be required to create an account (an “Account”) to use the Services. You agree that the information provided in connection with your Account is accurate and complete and will be kept up-to-date. You are solely responsible for keeping your Account secure, and for actions that happen on or through your Account, whether or not such actions were taken by you. You may not use another person’s Account or registration information without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for or related to your Account.

1. You hereby indemnify, defend and hold harmless THIRTEEN and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. THIRTEEN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

1. IN NO EVENT WILL THIRTEEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND INFORMATION PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER CONTENT) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
2. WHILE THIRTEEN USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICES, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON THE SERVICES, THIRTEEN MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE SERVICES. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THIRTEEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THIRTEEN SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. 

1. Account Termination. For services requiring an account, THIRTEEN has the right to terminate a user’s or account-holder’s access to the Service, if in THIRTEEN’s sole discretion, the end-user had violated these Terms of Service.
2. Repeat Infringers. THIRTEEN defines a “repeat infringer” as any end-user who receives more than one copyright complaint against them in a calendar month.

THIRTEEN takes a “three-strikes” approach for repeat infringers. THIRTEEN will terminate access for users that have been the subject of three (3) separate valid DMCA notices that are not withdrawn or subject to a counter-notification that results in the materials being restored. THIRTEEN reserves the right to terminate user accounts that are the subject of less than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding THIRTEEN’s Terms of Service.

1. If you have downloaded the App from the Apple App Store, the following shall apply: You acknowledge and agree that these Terms of Service are solely between you and us, not Apple, and that Apple has no responsibility for the App. Your use of the App must comply with Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to us as provider of the App. You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, 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 Service. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service as they relate to your license of the App, and that, upon your acceptance of the these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as they relate to your license of the App against you as a third party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and you are not listed on any U.S. government list of prohibited or restricted parties.

1. THIRTEEN reserves the right to send electronic mail to you via the contact information you provide for the purpose of informing you of changes or additions to the Service.
2. The Services are provided from the United States and all servers that make them available reside in the United States and in other jurisdictions. The laws of other countries may differ regarding the access and use of the Services. We make no representations regarding the legality of the Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.  
3. Nothing in these Terms of Service will serve to preempt the promises made in the Privacy Policy.
4. The Terms of Services and any rights and license granted herein, may not be transferred or assigned by you. THIRTEEN may assign these Terms of Service, in part or in whole, without restriction.
5. Except as otherwise provided, any claims arising out of or relating to these Terms of Use or the Services will be governed by the laws of New York, other than its conflict of laws rules; all disputes related to these Terms of Service will be brought solely in the federal or state courts located in New York. New York; and you consent to personal jurisdiction in these courts.
6. These Terms of Service, together with the Privacy Policy at and any other legal notices published by THIRTEEN on the Services, shall constitute the entire agreement between you and THIRTEEN concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and THIRTEEN’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

1. If you would like to request further information regarding the use of the Services or have a complaint, you may contact THIRTEEN at missionus@thirteen.org. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.