Acceptance of Terms
THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND HEIDI WYLE governing your use of this Service, www.heidiwyle.com, which includes but is not limited to products, software and services offered by way of the website such as any “Video Player,” “Uploader,” and other applications that link to these Terms (the “Service”).
Please review the Terms fully before you continue to use the Service. By using the Service, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Service. If you do not agree, please discontinue using the Service. Heidi Wyle reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Service after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on 21 July 2015.
Your use and browsing of the Service is at your risk. If you are dissatisfied with any of the materials contained in the Service, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Service.
In order to utilize certain functionality of the Service, you must complete a registration process. As a registered user of the Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Heidi Wyle and processing of such data by Heidi Wyle in connection with your use of the Service. You consent to the technical processing and transmission involved in your use of the Service, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property Issues
The Service is owned by Heidi Wyle. All of the content featured or displayed on the Service, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Heidi Wyle.
Pursuant to the copyright and trademark laws of the United States, you agree:
- That you may only download Content that Heidi Wyle designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
- To not reproduce, distribute, modify, re-post on another Service (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Heidi Wyle.
- To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
- To refrain from framing, inline linking, or mirroring any portion of the Service.
- You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Service (“Your Content”).
- Heidi Wyle will make no sale of Your Content to a third party unless and until you have expressly consented.
- By uploading Your Content, however, you grant Heidi Wyle (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a worldwide, perpetual license to display, distribute, reproduce, and create derivatives of Your Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses. Heidi Wyle may license or sublicense, in whole or in part, to third parties rights in Your Content as appropriate. You also grant Heidi Wyle permission to use and authorize others to use your name and any profile picture you provide in association with Your Content for identification, editorially, publicity related to Your Content or the Service, and for similar institutional promotional purposes. You also agree that Heidi Wyle may make Your Content available to users of the Service who may display and redistribute it in the same way that Heidi Wyle makes all other Content available.
- Heidi Wyle may use Your Content, without compensation to you, in any Products that feature Your Content in the context of, in direct promotion of, or otherwise strongly identified with (beyond mere attribution), the special section or community of the Service to which it was submitted, or successor sections or communities of the service.
- Heidi Wyle may exercise its rights to use Your Content in Products other than described in sub-section c., immediately above (e.g. for an “App,” a book or e-book, merchandise, etc.), and will pay you at Heidi Wyle’s rates.
- To enable Heidi Wyle to use Your Content, Heidi Wyle may request you to provide Your Content in other formats, and if technically possible, you agree to provide Your Content in such other formats so long as Heidi Wyle pays you the reasonable out of pocket costs of providing Your Content in such other formats.
- Any payment to you is conditioned upon you keeping your registration information up to date and you completing any paperwork that Heidi Wyle requires to make payments to third parties. Heidi Wyle also reserves the right not to make payment to you if Heidi Wyle reasonably believes that to do so would violate applicable law.
- Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Service should be sent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide Heidi Wyle the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service (such as the URL);
- Your address, telephone number, and e-mail address;
- A 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; and
- 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.
The Service is provided for informational purposes only. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Although Heidi Wyle may not routinely monitor the postings to the Service, Heidi Wyle reserves the right (but assumes no obligation) to delete, move, or edit any Your Content that comes to its attention that Heidi Wyle considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Heidi Wyle, restricts or inhibits any other user from using or enjoying the Service will not be permitted. Heidi Wyle reserves the right to refuse access to the Service to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Service, or any of the copyright or trademark laws of the United States.
The Service may provide, or third parties may provide, links to other sites or resources. Because Heidi Wyle has no control over such sites and resources, you acknowledge and agree that Heidi Wyle is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Heidi Wyle shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
Your interactions with companies, organizations and/or individuals found on or through our Service, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that Heidi Wyle will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Service, or between a user and any third party, Heidi Wyle is under no obligation to become involved, and you agree to release Heidi Wyle and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Service.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEIDI WYLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEIDI WYLE MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEIDI WYLE NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HEIDI WYLE, OR OUR SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, 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, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HEIDI WYLE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Heidi Wyle wants to encourage an open exchange of information and ideas on the Service. You can expect the Service to include information and opinions from a variety of individuals and organizations other than Heidi Wyle. Heidi Wyle neither endorses nor guarantees the accuracy of any of Your Content. Heidi Wyle may review Your Content from time to time and may take steps to remove inappropriate Your Content that comes to its attention; however, Heidi Wyle engages in no routine monitoring of Your Content on the Service. There is no substitute for healthy skepticism and your own good judgment.
You agree to assume full and sole responsibility for any Your Content you post to the Service, and you agree to:
- Abide by these Terms;
- Post Your Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports Heidi Wyle’s mission of inspiring people to care about the world;
- Represent that you are the owner of Your Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Heidi Wyle’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any Your Content that you post, and nothing you post will infringe on the rights of others;
- Neither post nor transmit any unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive Your Content, or Your Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other Your Content that infringes on the ability of others to enjoy the Service or is otherwise inappropriate;
- Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user. However, if you do choose to post any personal information it means that you are making that information public and allowing everyone to use and access that information, and to associate it with you (i.e. your user name and if applicable any profile photo);
- Neither post nor transmit through the Service any Your Content that constitutes advertising or solicitation with respect to any product or service;
- Not post anonymously or impersonate any other person;
- Use no automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Service. Exception is made for publicly available Internet search engines (e.g., Google, Bing) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service but not for any archive that hosts, promotes, or links primarily to infringing or unauthorized content; and
- Not to alter or modify any part of the Service, make no use that would interfere with or disrupt the Service or servers or networks connected to the Service, make none of Your Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures implemented by Heidi Wyle.
- Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Service
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, HEIDI WYLE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
You agree to indemnify, defend, and hold harmless Heidi Wyle; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Service from and against all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation of these Terms. Heidi Wyle reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Heidi Wyle.
With respect to your use of any Video Player offered on the Service, you also agree:
- If you use a Video Player on your website, you must include a prominent link back to the Service on the pages containing the Video Player and you may not modify, build upon, or block any portion of the Video Player in any way;
- You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, threatening, harassing, vulgar, indecent, profane, hateful, or racially or ethnically offensive, (ii) encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, or infringes any right of any third party including intellectual property rights, (iii) is otherwise inappropriate or objectionable to Heidi Wyle (in Heidi Wyle’s sole discretion), or (iv) links to infringing or unauthorized content (collectively, “Unsuitable Material”);
- You are prohibited from embedding the Video Player into any hardware or software application, even for non-commercial purposes. Heidi Wyle reserves the right to prevent embedding to any website or other location that Heidi Wyle finds inappropriate or objectionable (as determined by Heidi Wyle in its sole discretion); and
- You may make no use of the Video Player for any commercial use, without the prior written authorization of Heidi Wyle; provided, however, that you may use the Video Player to show Heidi Wyle content on an ad-enabled blog or website, provided the primary purpose of using the Video Player is not to gain advertising or any other form of revenue (e.g. license fees, subscriptions, etc.). Prohibited commercial uses include, without limitation, any use of the Video Player that Heidi Wyle finds, in its sole discretion, to use Heidi Wyle resources or Your Content with the effect of competing with or displacing the market for Heidi Wyle content.
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Boston, MA., pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Massachusetts, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate of interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-United States company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If Heidi Wyle is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Heidi Wyle for its respective legal fees, costs, and disbursements if Heidi Wyle is successful.
These Terms and any other operating rules or terms currently posted on the Service constitute the entire agreement between Heidi Wyle and the users of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Heidi Wyle may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.