AGREEMENT FOR YOUR USE OF whro’s Defenestration
By clicking the icon marked “I agree to the terms of this service” or by uploading any content for WHRO’s review and posting on its “Defenestration” website http://defenestration.net (such review and posting, collectively, “WHRO Services”), you (a) acknowledge that you have read the following terms and conditions (collectively, “Agreement”) and (b) agree that, in consideration of the mutual promises herein, you are bound by all of the terms and conditions in the Agreement. If you do not agree to any of the following terms and conditions, you are not authorized by WHRO to upload any content in connection with the WHRO Services, and you must not attempt any such upload.
1.1 WHRO does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you upload in connection with the WHRO Services. After uploading your Content in connection with the WHRO Services, you continue to retain any such rights that you may have in your Content, subject to the limited license granted herein. By uploading any Content in connection with the WHRO Services, you hereby grant to WHRO a limited license to modify, delete from, add to, publicly perform, publicly display, reproduce, distribute, and otherwise use such Content in connection with the WHRO Services, including without limitation advertising or distributing any part or all of Defenestration in any media formats and through any media channels. This limited license does not grant WHRO the right to sell your Content or otherwise use or distribute it except in connection with the WHRO Services.
1.2 The license you grant to WHRO is non-exclusive (meaning that you are free to license your Content to anyone else in addition to WHRO), fully paid, and royalty-free (meaning that WHRO is not required to pay you for the use of any Content that you upload), sublicensable (so that WHRO may permit its affiliates, subcontractors, and other entities such as Internet content-delivery networks and wireless carriers to provide the WHRO Services), and worldwide (because the Internet and the WHRO Services are global in reach).
1.3 You represent and warrant that: (i) you own the Content that you upload in connection with the WHRO Services or otherwise have the right to grant the license set forth in this Section 1; and (ii) such Content or the posting of it as provided hereunder does not and will not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree promptly to pay any and all royalties, fees, and other monies due or owing to any person or entity by reason of any Content uploaded by you in connection with the WHRO Services.
1.4 Defenestration may include Content belonging to WHRO (“WHRO Content”). WHRO Content is protected by copyright, trademark, patent, trade secret, and/or other laws, and WHRO owns and will own all rights in the WHRO Content and in any intellectual property or other proprietary material created by the WHRO Services. WHRO hereby grants to you a limited, revocable, nonsublicensable license to reproduce and display the WHRO Content solely for your personal use in connection with using the WHRO Services and viewing Defenestration.
1.5 The WHRO Services and Defenestration process, display, and otherwise use Content of WHRO’s licensors other than yourself, and those licensors do not grant you hereby any permission to use their Content. Except as expressly permitted by this Agreement, you may not copy, modify, translate, display, publish, broadcast, transmit, distribute, perform, advertise, market, offer for sale, or sell any Content uploaded in connection with the WHRO Services or otherwise appearing on Defenestration.
1.6 WHRO may perform technical functions necessary to offer the WHRO Services, including but not limited to transcoding and/or reformatting Content to allow its use through the WHRO Services.
2. Responsibility for Content
2.1 WHRO may reject, refuse to post, or delete any Content for any or no reason, including Content that in the sole judgment of WHRO violates this Agreement or that may be offensive or illegal, violate the rights of any person or other entity, or harm or threaten the safety of any person or other entity. WHRO assumes no responsibility for monitoring the WHRO Services to detect inappropriate Content or conduct. If at any time WHRO chooses, in its sole discretion, to monitor the WHRO Services, WHRO nonetheless assumes no responsibility for any Content uploaded in connection therewith, including without limitation no obligation to identify, modify, or remove any inappropriate Content, and no responsibility for the conduct of you or anyone else who creates or uploads any such Content.
2.2 You are solely responsible for the Content that you upload in connection with the WHRO Services and for any material or information that you send to any other user of the WHRO Services.
3. Examples of Objectionable Content. The following are examples of illegal or otherwise prohibited Content that you are not authorized to upload in connection with the WHRO Services (collectively, “Prohibited Content”). WHRO reserves the right to investigate and take appropriate action, including without limitation legal action, against anyone who, in WHRO’s sole discretion, violates this Section 3 of the Agreement, including without limitation by rejecting the offending Content from the WHRO Services and/or removing it from Defenestration. Prohibited Content includes but is not limited to Content that, in the sole discretion of WHRO:
3.1 Is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
3.2 Harasses or advocates harassment of another person or other entity;
3.3 Exploits people in a sexual or violent manner;
3.4 Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
3.5 Solicits personal information from anyone under 18;
3.6 Publicly posts information that poses or creates a privacy or security risk to any person;
3.7 Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, or defamatory;
3.8 Constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as, by way of example only, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
3.9 Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
3.10 Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
3.11 Solicits passwords or personal identifying information for commercial or unlawful purposes from any person or other entity;
3.12 Involves, without prior written consent from WHRO, commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
3.13 Includes a photograph, video, or any other likeness of another person, or a recording of another person’s voice, that you have posted without that person’s consent; or
3.14 Violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person.
4. Limitation on Liability. IN NO EVENT WILL WHRO BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ARISING FROM YOUR USE OF THE WHRO SERVICES, EVEN IF WHRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHRO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO WHRO SOLELY FOR YOUR USE OF THE WHRO SERVICES.
5. U.S. Export Controls. Software available to you in connection with the WHRO Services or otherwise through Defenestration (“Software”) may be subject to United States export controls. No Software may be downloaded, exported, or re-exported in violation of any U.S. law. Downloading or using the Software is at your sole risk.
6. Disputes. This Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia without regard to its conflict-of-law provisions. You and WHRO agree to submit to the exclusive jurisdiction of the federal or state courts located in and having jurisdiction over Norfolk, Virginia, to resolve any dispute arising out of the Agreement or otherwise related the WHRO Services, and you and WHRO hereby waive any objections that either party would otherwise have in the nature of jurisdiction or venue. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION 6 IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
7. Indemnity. You agree to indemnify and hold WHRO, its subsidiaries and affiliates, and all of their respective directors, officers, employees, agents, and partners, harmless from and against any and all damage, loss, or liability, including without limitation the fees and expenses of attorneys and other professionals, resulting from any third-party claim based on or arising out of your use of the WHRO Services, including without limitation any Content that you upload in connection with the WHRO Services, and/or arising from your breach of this Agreement, including without limitation any breach of your representations and warranties hereunder.
8. Other. WHRO is a trademark of Hampton Roads Educational Telecommunications Association, Inc. and may not be used by you without the prior written consent of WHRO. This Agreement constitutes the entire agreement between you and WHRO regarding your use of the WHRO Services and may be terminated by WHRO at any time upon notice to you. The failure of WHRO to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal effect. This Agreement operates to the fullest extent permissible by law. You may not assign any part or all of this Agreement without WHRO’s prior written consent. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, that provision will be considered severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
If you have any questions concerning this Agreement, please call us at 757-889-9452.