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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 Vulcan of an exclusive right that is allegedly infringed. We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: Your physical or electronic signature; Identification of the material that has 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; A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. USER-GENERATED CONTENT In submitting user-generated content to the Site, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant Vulcan its joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the “Vulcan Parties”) a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user- generated content submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Video Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the Vulcan Parties may or may not earn or generate through their use of your Video Submission. Vulcan Parties’ Right to Use Your Content Submission. You grant the Vulcan Parties the non- exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Content Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services) of the Vulcan Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the Vulcan Parties the right to use and distribute, and license others to use and distribute, your Content Submission in the
promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Content Submission hereunder. Clearance of Your Content Submission for the Vulcan Parties’ Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the Vulcan Parties’ use and distribution of your Video Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Content Submission (collectively, the “Elements”). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the Vulcan Parties’ use and distribution of your Content Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Content Submission are true to the best of your knowledge and that neither they, nor any Element of your Content Submission, will violate any law or regulation or violate or infringe upon the rights of any third party. Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Content Submission as used and distributed by the Vulcan Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put. Release and Waiver; Indemnification. You acknowledge that the Vulcan Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the Vulcan Parties from any and all claims arising from their use and distribution of your Content Submission as permitted herein. COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS Vulcan wants to encourage an open exchange of information and ideas through the Site. But we cannot and do not review every posting made on Vulcan’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than Vulcan . We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment. Responsibility for what is posted on Vulcan’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user – you alone are responsible for material you post. Vulcan does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only. By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that: • Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights; • Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; • Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site. • Impersonates any person, business or entity, including Vulcan and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including Vulcan; • Contains an advertisement or solicitation or encourages others to make a donation; • Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; • Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person; • Results in the posting or transmission of any message anonymously or under a false name; • Permits any person to access, using your account, any features of the Site that may require registration; • Results in a single message being posted to more than five areas of any Site or results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of this Visitor Agreement; or • Violates this Visitor Agreement, guidelines or any policy posted on the Site, or interferes with the use of the Site by others. Although Vulcan cannot monitor all content on the Site or postings in the chat rooms, forums, blogs and other public posting areas, you understand that Vulcan shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with this Visitor Agreement and any other operating rules that may be established by Vulcan from time to time. Vulcan shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Video Submissions, submitted to or posted on the Site for any reason, including violation of this Visitor’s Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Video Submissions. You acknowledge and agree that neither Vulcan nor any of its affiliates or distribution partners shall assume or have any liability for any action or inaction by Vulcan with respect to any conduct within the Site or any communication or posting on the Site. Vulcan also reserves the right to disclose any information that Vulcan believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part. Vulcan requires you not to use the Site to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Site, you are warranting and representing that you own or have
the right to post or make such submission of the material, or are making your submission or posting with the express consent of the Vulcan, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its Vulcan, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. USE OF MATERIALS With the exception of any and all Content Submissions (Vulcan’s permitted use of which is discussed above) and any material posted on Vulcan’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Vulcan and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on the Site and social media sites, you are granting to Vulcan, and to anyone authorized by Vulcan, a royalty-free, perpetual, irrevocable, non- exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on the Site and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Vulcan and its distribution partners, and anyone authorized by Vulcan, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Vulcan deems appropriate. Please also note the last paragraph in the “COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS” section above. Click here for the terms and conditions that govern the submission of user-generated video to the Site. The materials available through the Site are the property of Vulcan or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Site. But you may not otherwise reproduce any of the materials without the prior written consent of the Vulcan. You may not distribute copies of materials found on the Site in any form (including by e-mail or other electronic means), without prior written permission from the Vulcan. Of course, you are free to encourage others to access the information themselves on the Site and to tell them how to find it. LINKING We welcome links to the Site. You are usually free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship or endorsement of your site by the Site or by Vulcan. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Site. NO SOLICITING You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval. NO SPAMMING OR SPIMMING From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages. NO FRAMING Without the prior written permission of Vulcan, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, Vulcan or any of their licensors into another website or other service. TRADEMARKS We do not want anyone to be confused as to which materials and services are provided by Vulcan and which are not. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark. ACCURACY OF INFORMATION The Vulcan staff works hard to ensure that information we post to the Site is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we do not go back and change the original report to reflect new developments. If you are looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you’re not looking at an out-of-date report. AGE RESTRICTION You must be at least 13 years old to register on the Site. By registering on the Site, you warrant that you are at least 13 years old. USER ACCOUNTS AND SECURITY To obtain access to certain services on the Site, you may be given an opportunity to register with the Site. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Vulcan considers to be offensive. Vulcan reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Vulcan of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Vulcan immediately. Vulcan reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. Please inform Vulcan if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting our representatives at firstname.lastname@example.org. DISCLAIMER OF WARRANTIES AND LIABILITY We work hard to make the Site interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using the Site. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE SITE, VULCAN INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE, NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR- FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE SITE, VULCAN OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE SITE, VULCAN AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE SITE, VULCAN AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO VULCAN FOR THE USE OF THE SITE. DISPUTE RESOLUTION In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Sites, you and Vulcan mutually agree to the following dispute resolution procedure: The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement. If the parties are unable to resolve the dispute through informal negotiation, you and Vulcan agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the New York, N.Y., area and shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SITES, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, Vulcan will pay all filing, JAMS, and arbitrator’s fees and expenses. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding. CHOICE OF LAW This Agreement has been made in and shall be construed in accordance with the laws of the State of Washington, without giving effect to any conflict of law principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). CHOICE OF FORUM By using the Site, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Washington . INDEMNITY You agree to indemnify, defend and hold harmless Vulcan, its affiliates, and their officers, directors, employees, agents, licensors, distribution partners and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Vulcan Site using your account. SEVERABILITY In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement. ASSOCIATED PRESS CONTENT The Site may include certain cont ent owned by the Associated Press. Without limiting the generality of any of the foregoing provisions of this Visitor Agreement, you specifically acknowledge and agree that (a) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (d) the Associated Press is an intended third-party beneficiary of this Visitor Agreement and may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time. By using the Site, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using the Site, and we welcome suggestions for improvements. Thanks for making the Site part of your discoveries online! Last updated July 28, 2015.