WITNESS Terms of Use Agreement

WITNESS Terms of Use Agreement

The WITNESS Video Hub (the “Hub”) is a service that allows anyone, anywhere to upload and view human rights related media and create or engage with communities and proposed calls to action around the abuses they witness. The Hub is presented by WITNESS in association with a range of allies globally. The Hub is hosted in the U.S.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Hub. In addition, please review the Privacy Statement available here and the Community Guidelines available here both of which are incorporated into this Agreement by reference as if set forth fully herein. By using the Hub, you agree to be bound by this Agreement, whether you are a “Visitor” (which means you browse the Hub) or you are a “Member” (which means that you have registered with http://hub.witness.org (the “Video Hub Website”)). The term “User” refers to a Visitor or a Member. You are only authorized to use the Hub (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the Hub and discontinue all use of the Hub immediately. If you wish to become a Member, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes WITNESS’ policy for acceptable use of the Hub and Content posted on the Hub, your rights, obligations and restrictions concerning your use of the Hub and WITNESS’ privacy policy. In order to participate in certain portions of the Hub, you may be notified that you have to agree to additional terms and conditions, which are hereby incorporated into this Agreement. You may receive a hard copy of this Agreement by emailing us at hub[AT]witness.org.

WITNESS may modify this Agreement from time to time and such modification shall be effective upon posting the modified agreement on the Hub Website. You agree to be bound to any changes to this Agreement when you use the Hub after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the Content that you upload to the Hub. Your Content may be restricted pursuant to our Content Review Policy. Despite this prohibition, Content posted by Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and WITNESS assumes no responsibility or liability for this material. If you become aware of misuse of the Hub by any person, please contact WITNESS or click on the “FLAG” link alongside every media item on the Hub Website.

WITNESS reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of the Hub at any time, for any or no reason, with or without prior notice, and without liability. WITNESS expressly reserves the right to restrict, suspend, or terminate your access to any part of the Hub if WITNESS determines, in its sole discretion, that you pose a threat to WITNESS and/or its Users.

Eligibility

Use of and Membership in the Hub is void where prohibited. By using the Hub, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; (d) your use of the Hub does not violate any applicable law or regulation; and (e) you will not impersonate any person or entity, including but not limited to, a WITNESS employee, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity. Your profile may be deleted and your Membership may be terminated without warning, if WITNESS believes that you are under 14 years of age or determines, at its sole discretion, that you have used a false identity in registering to use the Hub.

Term

This Agreement shall remain in full force and effect while you use the Hub or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. WITNESS may terminate your membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify WITNESS immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use by Members

The Hub is for the personal use of Visitors only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by WITNESS. Illegal and/or unauthorized use of the Hub, including collecting usernames and/or email addresses of Visitors by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Hub Website is prohibited. Content containing commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Hub without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Hub.

Proprietary Rights in Content on the Hub Website

WITNESS does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Hub. After posting your Content to the Hub, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.

By displaying or publishing (“posting”) any Content on or through the Hub, you hereby grant to WITNESS a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) license to (and give others the right to) use, copy, display, perform, distribute, adapt, modify and promote the Content that you post to the Hub and in any other medium, now existing or hereafter developed, for educational, archival and non-commercial promotional use. Any license with respect to Content shall terminate immediately upon your removal of such Content from the Hub. Notwithstanding anything to the contrary set forth herein, the license neither grants WITNESS the right to sell nor distribute your Content for any commercial purposes.

You additionally acknowledge that all Content uploaded to the Hub, whether by you or another Member, may have a Creative Commons license applied to it by you or the uploading Member, as the case may be. You may change this license at any time, or decline to apply a license, but, in any event acknowledge that WITNESS shall not be liable for any uses of your Content under a Creative Commons license.

You represent and warrant that: (i) you own the Content posted by you on or through the Hub or otherwise have the right to post the Content to the Hub, and (ii) the posting of your Content on or through the Hub does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Hub.

The Hub contains Content of WITNESS (“WITNESS Content”). WITNESS Content is protected by copyright, trademark, patent, trade secret and other laws, and WITNESS owns and retains all rights in the WITNESS Content and the Hub. WITNESS hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the WITNESS Content solely for your personal use in connection with viewing and using the Hub. Certain WITNESS Content is subject to the terms and conditions of the Creative Commons License.

The Hub contains Content of Users and other WITNESS licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Hub, except as otherwise provided in any applicable Creative Commons License or this Agreement.

Content Posted

WITNESS may delete any Content that in the sole judgment of WITNESS violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. WITNESS assumes no responsibility for monitoring the Hub for inappropriate Content or conduct. If at any time WITNESS chooses, in its sole discretion, to monitor the Hub, WITNESS nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You hereby acknowledge that WITNESS may edit or encrypt any Content uploaded to the Hub if such editing or encryption is necessary, in WITNESS’ sole discretion, to protect the privacy of individuals depicted in the applicable Content. You are strictly prohibited from employing any software or other technology for the purposes of un-encrypting encrypted Content and from otherwise restoring any Content edited by WITNESS to its prior, unedited form. In the event that you do upload such unencrypted or unedited Content, WITNESS reserves the right, at its sole discretion, to terminate your Membership and remove the offending Content from the Hub.

You are solely responsible for the Content that you post on or through the Hub. WITNESS does not endorse and has no control over the Content. Content is not necessarily reviewed by WITNESS prior to posting and does not necessarily reflect the opinions or policies of WITNESS. WITNESS makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content.

You hereby acknowledge that parental control protection devices (including, without limitation, any computer hardware, software or filtering service) are commercially available and may assist Users in limiting access to material that may be harmful to minors. WITNESS bears no responsibility for ensuring that any User has installed such parental controls and has no control over your decision to install such control. For further information, please visit www.fcc.gov or http://onguardonline.com.

Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Hub. WITNESS reserves the right to investigate and take appropriate legal action against anyone who, in WITNESS’ sole discretion, violates this provision, including without limitation, removing the offending Content from the Hub and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of WITNESS:

  1. is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable or that may invade another’s right of privacy or publicity;
  2. contains nudity or a link to an adult website;
  3. solicits personal information from anyone under 18;
  4. provides any telephone numbers, street addresses, last names, URLs or email addresses;
  5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  7. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  9. 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;
  10. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  12. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  13. advertising to, or solicitation of, any Member to buy or sell any products or services through the Hub;
  14. interfering with, disrupting, or creating an undue burden on the Hub or the networks or services connected to the Hub;
  15. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  16. selling or otherwise transferring your Membership;
  17. using any information obtained from the Hub in order to harass, abuse, or harm another person;
  18. displaying an advertisement in your Content, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Hub on behalf of that person, such as posting blogs or bulletins with a commercial
  19. using the Hub in a manner inconsistent with any and all applicable laws and regulations.

It is also a violation of these rules to use any information obtained from the Hub in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

Copyright Policy

Except as otherwise provided in the Creative Commons License, you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of WITNESS to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to WITNESS by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Hub in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Hub; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. WITNESS’ Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, WITNESS, 80 Hanson Place, 5th Floor, Brooklyn, New York 11217; Attn: Copyright Agent; Email: copyrightagent[at]witness.org.

Privacy Policy

Use of the Hub is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. You agree that WITNESS can export your information to any country as operationally necessary, even if that country’s privacy laws are weaker or different from the privacy laws of your country and that WITNESS can use and transfer your information to the extent provided in the Privacy Policy.

Violation of Intellectual Property Rights, Laws and Terms of Use

Provided proper notification, WITNESS will remove any contributed content that infringes upon the intellectual property rights of another or unless as otherwise required by law and reserves the right to remove such content without prior notice. WITNESS assumes no responsibility for monitoring the Hub and any content uploaded thereto by third parties. In the event it chooses to do so at its discretion, WITNESS assumes no responsibility for the infringing content or any obligation to remove any inappropriate content or any responsibility for the conduct of a Member submitting inappropriate content. At its sole discretion, WITNESS may remove any content and/or terminate a Member’s account for violating any of the terms of use set forth in this Agreement at any time and without notice, including, without limitation, use of false identity for the purposes of registration to use the Hub. WITNESS will terminate a Member’s account in the event such Member is determined to have been notified of infringing activity more than twice and/or has had content uploaded by such Member removed from the Hub more than twice for infringing activity. WITNESS reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Hub or violation of this Agreement.

Disclaimers

WITNESS is not responsible for any incorrect or inaccurate Content posted on the Hub, whether caused by Users of the Hub or by any of the equipment or programming associated with or utilized in the Hub. Content posted by Members on the Hub may contain links to other websites. WITNESS is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by WITNESS. Inclusion of any linked website on the Hub does not imply approval or endorsement of the linked website by WITNESS. When you access these third-party sites, you do so at your own risk. WITNESS is not responsible for the conduct, whether online or offline, of any User of the Hub. WITNESS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. WITNESS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Hub or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Hub. WITNESS is not responsible for the viewing of any Content by any minor or any injury or damages resulting from a User’s failure to use, or malfunction of, any parental control device. Under no circumstances shall WITNESS be responsible for any loss or damage, including personal injury or death, resulting from use of the Hub, attendance at a WITNESS event, from any Content posted on or through the Hub, or from the conduct of any Users of the Hub, whether online or offline. The Hub is provided “AS-IS” and as available and WITNESS expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WITNESS cannot guarantee and does not promise any specific results from use of the Hub.

Limitation on Liability

IN NO EVENT SHALL WITNESS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE HUB, EVEN IF WITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes

If there is any dispute about or involving the Hub, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. Either WITNESS or you may demand that any dispute between WITNESS and you about or involving the Hub must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent WITNESS from seeking injunctive relief in a court of competent jurisdiction.

Indemnity

You agree to indemnify and hold WITNESS, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Hub in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Hub causes WITNESS to be liable to a third party.

Other

This Agreement is accepted upon your use of the Hub and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and WITNESS regarding the use of the Hub. The failure of WITNESS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. WITNESS is a trademark of WITNESS, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: hub[at]witness.org with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.