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West Virginia Watchdog Copyright & Legal Agreement
1. Your Acceptance
1. By using and/or visiting this website you signify your agreement to (1) these terms and conditions (the “Terms of Service”.
2. This Website is owned by “West Virginia Watchdog” and shall be known as “West Virginia Watchdog”.
2. West Virginia Watchdog
1. These Terms of Service apply to all users of the West Virginia Watchdog, including users who are also contributors of articles, information, video, and other materials or services on the Website. West Virginia Watchdog includes all aspects of West Virginia Watchdog, including but not limited to all products, software and services offered via the website.
2. West Virginia Watchdog may contain links to third party websites that are not owned or controlled by West Virginia Watchdog. West Virginia Watchdog has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, West Virginia Watchdog will not and cannot censor or edit the content of any third-party site. By using the West Virginia Watchdog, you expressly relieve West Virginia Watchdog from any and all liability arising from your use of any third-party website.
3. West Virginia Watchdog Accounts
1. In order to access some features of the Website, you will have to create a West Virginia Watchdog account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify West Virginia Watchdog immediately of any breach of security or unauthorized use of your account.
2. Although West Virginia Watchdog will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of West Virginia Watchdog or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
West Virginia Watchdog hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
1. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without West Virginia Watchdog’s expressed written authorization by West Virginia Watchdog.
2. You agree not to alter or modify any part of any West Virginia Watchdog.
3. You agree not to use the Website, for any commercial use, without the prior written authorization of West Virginia Watchdog. Prohibited commercial uses include any of the following actions taken the expressed written consent of West Virginia Watchdog.
4. Prohibited commercial uses do not include:
o Uploading an original video to West Virginia Watchdog, to promote your own think tank or political organization.
o Submitting a blog entry promoting the work of your organization.
o any use that West Virginia Watchdog expressly authorizes in writing.
5. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,”.
6. As a condition of your use of the West Virginia Watchdog, you agree to comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
7. West Virginia Watchdog reserves the right to discontinue any aspect of West Virginia Watchdog at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on West Virginia Watchdog.
1. The content on West Virginia Watchdog, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (”Content”) and the trademarks, service marks and logos contained therein (”Marks”), are owned by or licensed to West Virginia Watchdog, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. West Virginia Watchdog reserves all rights not expressly granted in and to the Website and the Content.
2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of West Virginia Watchdog. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by West Virginia Watchdog for that User Submission.
3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of West Virginia Watchdog. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of West Virginia Watchdog or otherwise as prohibited under this Agreement.
4. Access to the Franklin Center Website is limited as to what contents of this agreement. All rights are reserved to West Virginia Watchdog.
5. The Use, copying, or distribution of any of the Content other than expressly permitted by West Virginia Watchdog, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes, is prohibited
6. You agree to not circumvent, disable or otherwise interfere with security-related features of West Virginia Watchdog. You futher agree not to tamper with features that prevent or restrict use or copying of any Content or enforce limitations on use of West Virginia Watchdog or the Content contained on the Website.
7. You understand that a variety of sources contribute to the content of West Virginia Watchdog. West Virginia Watchdog is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to these User Submissions. You further understand and acknowledge User Submissions you will be exposed to, may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against West Virginia Watchdog with respect tto, and agree to indemnify and hold harmless, West Virginia Watchdog, its Owners/Operators, affiliates, and/or licensors to the fullest extent allowed by law in all matters related to your use of the site.
6. Your User Submissions and Conduct
1. As a West Virginia Watchdog account holder you may submit blog entries, video content, comments and other links to other website, to be known as “USER SUBMISSIONS”.
2. You shall take sole responsibility for your own User Submissions and the consequences of posting or publishing them. Likewise, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize West Virginia Watchdog to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
3. While you retain all of your ownership rights in your User Submissions, submission of content to West Virginia Watchdog, grants West Virginia Watchdog a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with West Virginia Watchdog and West Virginia Watchdog’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of West Virginia Watchdog (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in User Comments are perpetual and irrevocable.
4. You also to not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights.
5. Any endorsement, opinion, recommendation, or advice expressed therein is the opinion of the person submitting the content, and not that of West Virginia Watchdog. West Virginia Watchdog expressly disclaims any and all liability in connection with User Submissions. West Virginia Watchdog does not permit copyright infringement and infringement of intellectual property rights of third parties on its Website. West Virginia Watchdog will remove all copyrighted Content and User Submissions if properly notified of the infringement. West Virginia Watchdog reserves the right to remove Content and User Submissions without any notice.
7. Account Termination Policy
1. West Virginia Watchdog will terminate a User’s access to its Website for any reason or for no reason
8. Digital Millennium Copyright Act
1. If you own a copyright, or are an agent of a copyright owner, and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification to West Virginia Watchdog of the violation under the Digital Millennium Copyright Act (”DMCA”) by West Virginia Watchdog with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o 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;
o 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;
o Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
o A statement that you have 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
o A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is did not infringe the copyright of any owner, or that you have the authorization from the copyright owner or their agent, or that the content submitted was done under fair use, you may send a counter-notice containing the following information to the West Virginia Watchdog:
o Your physical or electronic signature;
o Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
o A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
o Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the West Virginia Watchdog, West Virginia Watchdog may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or 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 to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at West Virginia Watchdog’s sole discretion.
9. Warranty Disclaimer
YOU AGREE TO ASSUME SOLE RISK. FOR YOUR USE OF WEST VIRGINIA WATCHDOG TO THE FULLEST EXTENT PERMITTED BY LAW. WEST VIRGINIA WATCHDOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF WEBSITE. WEST VIRGINIA WATCHDOG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. WEST VIRGINIA WATCHDOG ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE, NOR DOES IT ASSUME ANY RESPONSIBILITY FOR ANY CAUSE OF ACTION RELATED TO ANY CONTENT PLACED ON THE SITE.
10. Limitation of Liability
IN NO EVENT SHALL West Virginia Watchdog, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS OR MISTAKES, OR ANY DAMAGES INCURRED BY ANY ‘BUGS’, VIRUSES, SPYWARE, OR ANY OTHER SOFTWARE EMBEDDED INTO FRANKLIN CENTER WEBSITE. AT NO POINT WILL YOU HOLD LIABILE, BY ANY LEGAL THEORY BE PLACED AGAINST WEST VIRGINIA WATCHDOG, WHETHER IN CONTRACT, WARRANTY OR TORT, FRANLIN CENTER, FOR ANY DAMAGE CAUSED BY THE CONTENT OF THE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT West Virginia Watchdog SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless WEST VIRGINIA WATCHDOG, its officers, employees and agents, from any and all liability, loss, expense, including reasonable attorneys’ fees, or claim for injury or damages arising out of performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are cause by or result from the other negligent or intentional acts or omissions by you
12. Ability to Accept Terms of Service
You affirm that you have attained an age18 years of age or older, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13. West Virginia Watchdog is not intended for children under 13. If you are under 13 years of age, DO NOT USE the West Virginia Watchdog
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by West Virginia Watchdog without restriction.
You agree that: (i) West Virginia Watchdog shall be deemed solely based in West Virginia; and (ii) West Virginia Watchdog is a passive website that does not give rise to personal jurisdiction over West Virginia Watchdog, either specific or general, in jurisdictions other than West Virginia. These Terms of Service shall be governed by the laws of the State of West Virginia, without respect to its conflict of laws principles. Any claim or dispute between you and West Virginia Watchdog that arises in whole or in part from your use of West Virginia Watchdog shall be decided exclusively by a court of competent jurisdiction located in Parkersburg, West Virginia. These Terms of Service, and any other legal notices published by West Virginia Watchdog on the Website, shall constitute the entire agreement between you and West Virginia Watchdog concerning West Virginia Watchdog. 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 West Virginia Watchdog’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. West Virginia Watchdog reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of West Virginia Watchdog following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND West Virginia Watchdog AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE West Virginia Watchdog WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.