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WioWise Content Hosting Agreement
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EFFECTIVE DATE: August 1, 2015
We provide various services through this platform (the “Services”). This Content Hosting Agreement describes the terms and conditions which apply to your use of our Services as a provider of content (you are referred to herein as a “Poster”) to include articles, blogs, videos, text, photos, video and other content on the Wiowise platform. By acknowledging your acceptance of this Agreement and/or using the Wiowise platform and/or the Services, you are agreeing to the terms contained herein. Please review them carefully and make sure that you understand them.
2. Acceptance of Terms:
By accepting these terms as an individual, you, as an individual, are agreeing to these terms. By accepting these terms on behalf of a company or other business or corporate entity, your company or business entity is agreeing to be bound by these terms.
3. Your Wiowise Account:
As a Wiowise Poster, we require you to have an account with us and/or provide personal information. You are responsible for the use of your account. Therefore you should keep your password confidential. If you become aware of any unauthorized use of your account, please notify us immediately.
4. Your Content in Connection with the Services:
As a Poster, our Services permit you to engage in various activities such as authoring and posting content, posting links and engaging in other activities. If you post material to our platform, or otherwise make (or allow any third party to make) material available by means of our platform (any such material, “Content”), you are entirely responsible for such Content and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, links, video, graphics, an audio file, or computer software. By making Content available in connection with the Services, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical content designed to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.
Notwithstanding anything to the contrary, you may not post any copyrighted Content for which you do not either own the copyright or have sufficient rights to post such copyrighted Content to the Wiowise platform or in connection with the Wiowise Services.
With respect to any Content that you provide in connection with the Services, you further agree to the following:
You will not advertise (or cause others to advertise) your Content via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
Your Content will not be knowingly inaccurate or misleading; and
You will not name or refer to your Content in a manner that misleads your readers into thinking that you are another person or company.
The following Content is specifically prohibited and you agree not to upload any of the following to the Wiowise platform:
Hate speech – Content that promotes hate or violence towards groups based on race, ethnicity, religion, disability, gender, age, veteran status or sexual orientation
Crude content – Content which is graphic or shocking
Content intended to harass
Personal or confidential information of others
Content associated with illegal activities
Malware and viruses
You agree that you will indemnify Wiowise for all claims brought against Wiowise, and its employees, agents, directors officers and shareholders with respect to any Content that you provide. Wiowise has the right but not the obligation to monitor, edit and/or remove any Content that you supply. Wiowise takes no responsibility and assumes no liability for any Content posted by you or any third party.
By submitting Content in connection with the Services, you grant Wiowise a world-wide, royalty-free, non-exclusive, transferable, and sub-licensable license (the “License”) to reproduce, modify, adapt and publish the Content for any purpose such as but not limited to displaying, distributing and promoting your Content. If you delete Content, Wiowise will use reasonable efforts to remove it from the Services, but you acknowledge that caching, references, or sharing to the Content may not be made unavailable. Therefore, after you delete Content, the License continues effective as long as the caching, references, or sharing to your deleted Content exists.
You retain ownership of all intellectual property rights in Content otherwise owned by you and which you provide through the Services, and Wiowise and/or third parties retain ownership of all intellectual property rights in all content other than your Content.
Without limiting any of the other provisions herein, Wiowise shall have the right (though not the obligation) to, in Wiowise’s sole discretion (i) refuse or remove any Content that, in Wiowise’s reasonable opinion, violates any Wiowise policy or is in any way harmful or objectionable, (ii) make any content read-only in order to allow fusing content with Source or products or services described in Fusing Terms and Conditions (Wiowise Fusing Agreement), and/or (iii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Wiowise’s sole discretion.
5. Infringement of Copyrights:
Wiowise respects the intellectual property rights of others. As such, Wiowise responds to notices of alleged copyright infringement according to the process and requirements set forth in the U.S. Digital Millennium Copyright Act (DMCA). For further information please see Wiowise DMCA Policy.
7. Right to Use Platform and Software:
Wiowise provides you with a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Wiowise in connection with the Services. This license is for the sole purpose of enabling you to use the Services as provided by Wiowise, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
8. Modifications to the Services and/or these Terms:
Wiowise periodically changes and improves its Services. Wiowise may change, eliminate and/or add features in connection with the Services at any time in its sole discretion. You are not guaranteed the right to continued use of any specific Services or features thereof.
Wiowise reserves the right, in its sole discretion, to modify or replace any part of these terms at any time. It is your responsibility to check these terms periodically for changes. Your continued use of or access to the platform and/or Services following the posting of any changes to these terms constitutes acceptance of those changes.
9. Disclaimer of Warranties:
THE SERVICES ARE PROVIDED “AS IS”. WIOWISE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WIOWISE NOR ITS SUPPLIERS OR LICENSORS, MAKES ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
10. LIMITATION OF LIABILITY:
WIOWISE, AND WIOWISE’S SUPPLIERS AND DISTRIBUTORS ARE NOT RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
WIOWISE’S (AND ITS SUPPLIERS, DISTRIBUTORS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS AND AGENTS) TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, SHALL NOT EXCEED THE FEES PAID BY YOU TO WIOWISE WITH RESPECT TO THE SPECIFIC SERVICE CAUSING THE CLAIM UNDER THIS AGREEMENT, IF ANY.
IN ALL CASES, NEITHER WIOWISE NOR ANY OF ITS SUPPLIERS OR DISTRIBUTORS, WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
11. Termination of Services:
Wiowise may terminate your access to all or any part of the Services and/or any of your accounts at any time, with or without cause, with or without notice, effective immediately. All provisions of these terms which by their nature should survive termination of your use of the Services shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
12. Miscellaneous Terms
These terms shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Wiowise must be resolved exclusively by a state or federal court located in Fairfax County, Virginia, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Fairfax County, Virginia for the purpose of litigating all such claims or disputes.
These terms, as modified from time to time, constitute the entire agreement between you and Wiowise with respect to the subject matter hereof. These terms replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable.
Wiowise may assign these terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these terms or your use of the Services and you do not have any authority of any kind to bind Wiowise in any respect whatsoever.
Any notice to Wiowise that is required or permitted by these terms shall be in writing and shall be delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Wiowise, LLC., 1875 campus Commons Dr., Suite 210, Reston, VA 20191, Attn: Legal Department.