Terms of Use

You agree not to distribute in any medium any part of the Website, including but not limited, to User Submissions, without WhosRight's prior written authorization.

You agree not to alter or modify any part of the Website, including but not limited to, WhosRight's Media Player or any of its related technologies.

You agree not to access User Submissions or WhosRight Content through any technology or means other than the video playback pages of the Website itself, the WhosRight Media Player, or other explicitly authorized means WhosRight may designate.

You agree not to use the Website, including the WhosRight Media Player for any commercial use, without the prior written authorization of WhosRight. Prohibited commercial uses include any of the following actions taken without WhosRight's express approval:

• sale of access to the Website or its related services (such as the Media Player) on another website;
• use of the Website or its related services (such as the Media Player), for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the WhosRight website or any third-party website, targeted to the content of specific User Submissions or WhosRight content; and
• any use of the Website or its related services that WhosRight finds, in its sole discretion, to use WhosRight's resources or User Submissions with the effect of competing with or displacing the market for WhosRight, WhosRight content, or its User Submissions.

• uploading an original video to WhosRight, or maintaining an original community on WhosRight, to promote your business or artistic enterprise;
• any use that WhosRight expressly authorizes in writing.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the WhosRight servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, WhosRight grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. WhosRight reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, any applicable WhosRight Community Guidelines, and all applicable local, national, and international laws and regulations.

WhosRight reserves the right to discontinue any aspect of the WhosRight Website at any time.

The content on the WhosRight Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively and individually referred to herein as "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Consensus Media, Inc., 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. Consensus Media Inc. and WhosRight reserve all rights not expressly granted in and to the Website and the Content.

You may access User Submissions solely:

• for your information and personal use;
• as intended through the normal functionality of the WhosRight Service; and
• for Streaming, wherein "streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the WhosRight Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the WhosRight Service. 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 the WhosRight Service or otherwise as prohibited under this Agreement.

You understand that when using the WhosRight Website, you will be exposed to User Submissions from a variety of sources, and that WhosRight is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 WhosRight with respect thereto, and agree to indemnify and hold WhosRight, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

As a WhosRight account holder you may submit video content ("User Videos"), audio content ("User audio") and textual content ("User Text"). User Videos, User Audio, and User Text are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, WhosRight does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize WhosRight 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 Use.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to WhosRight, you hereby grant WhosRight 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 the WhosRight Website and Consensus Media's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the WhosRight Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the WhosRight Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the WhosRight Service. You understand and agree, however, that WhosRight may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WhosRight all of the license rights granted herein.

You further agree that you will not, in connection with User Submissions, submit material that is contrary to the WhosRight Community Guidelines, found at http://www.WhosRight.com/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

WhosRight does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and WhosRight expressly disclaims any and all liability in connection with User Submissions. WhosRight does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and WhosRight will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. WhosRight reserves the right to remove Content and User Submissions without prior notice.

You are responsible for maintaining the confidentiality of your email address and password that you designate during registration. You agree to immediately notify WhosRight of any unauthorized use of your email address, screen name or password or any other security breach and you agree to exit from your account at the end of each session, especially if you are using public computers and networks. Additionally, you should be careful when inputting your email address and password in public settings, so others are not able to view this information. WhosRight will not be liable for any damage or loss due to your failure to comply with this provision.

You are solely responsible for your interactions with other members on the WhosRight Website. As such, you should not give out any personally identifiable information such as your last name, personal email addresses, instant messenger addresses, personal URLs, telephone numbers and physical addresses to other members. Additionally, you should not give out any financial information or transmit electronically or physically any money to other members.

You acknowledge and agree that WhosRight has no responsibility or obligations to you in the event that you choose to meet other members or visitors of the WhosRight Website.

You acknowledge and understand that WhosRight does not (a) in any way screen or inquire into the backgrounds of our members or attempt to verify the statements of our members, or (b) make any representations or warranties as to the conduct of members with any current or future members.

• Register for the WhosRight Website and the Services if you have not acknowledged reading and agreed to abide by the terms of this Terms of Use and the WhosRight Privacy Policy;
• Interfere, disrupt or attempt to gain unauthorized access to other accounts on the WhosRight Website or any other computer network;
• Use the WhosRight Website or the Services in connection with any commercial endeavors, that interferes with the commercial or business interests of the WhosRight Website or Consensus Media Inc. or its affiliates;
• Post or give out any financial information or transmit electronically or physically any money to other members;
• Create user accounts by automated means or under fraudulent or false pretenses;
• Create or transmit unsolicited electronic communications such as spam to members or promote any products or services;
• Submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by WhosRight;
• Submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties;
• Submit, engage in or upload any type of competitions or content that can and would cause physical or mental harm to the participants or visitors to the WhosRight Website;
• Harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
• Collect and publish any information about any of WhosRight users;
• Adapt, modify or reverse engineer any portion of the Services or the WhosRight Website;
• Use any spider, robot, retrieval application, or any other device to retrieve any portion of the WhosRight Website;
• Reformat any of the pages that are part of the WhosRight Website;
• Disseminate, store or transmit viruses, worms, trojan horses or other malicious code or program;
• Encourage conduct that would constitute a criminal or civil offense;
• Violate any applicable federal, state, local or international law or regulation;
• Exploit children under 18 years of age;
• Invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age);
• Solicit personal information from a child under 13 years of age;
• Cheat or manipulate votes by creating fake user profiles or other activities which compromise the integrity of the competition/entries and points awarded;
• Submit false or misleading information to WhosRight, the WhosRight Website or other users; or
• Engage in any other activity deemed by WhosRight to be in conflict with the spirit of this Terms of Use & the WhosRight Privacy Policy.

WhosRight will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

WhosRight reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. WhosRight may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification (also referred herein as "Notice") pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• 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
• 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.

Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• 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;
• 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
• 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.