USER AGREEMENT
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE, THEN PLEASE DO NOT USE THIS WEBSITE.
This User Agreement (“Agreement”) applies to all users of the Witnify website (the “Service”) and of the video, audio, still images, and other materials contained on the Service (the “Content”). By using the Service, you affirm that you are 13 years of age or older. If you are under age 13, then please do not use this Service.
I. Use of the Service. Witnify Inc. (“Company”) grants you permission to access and use the Service as set forth in this Agreement, provided that (a) you agree not to distribute any part of the Service or the Content, in any media, without Company’s prior written authorization, (b) you agree not to alter or modify any part of the Service or the Content, (c) you agree not to access Content through any technology or means other than those of the Service itself, (d) you agree not to use the Service for any commercial purposes, and (e) you agree to comply with all applicable laws. Company reserves the right to make changes to the Service at any time, including discontinuing it in whole or in part. All rights in and to the Service and the Content not expressly granted herein are reserved to Company, and all uses of the Service and the Content not expressly permitted hereunder are prohibited. Company reserves the right to terminate or restrict any user’s access to the Service if Company, in Company’s sole discretion, determines that such user’s use of the Service violates any provision of this Agreement.
A. Use of Content. The Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to Company and are subject to all available protections under the law. You may access the Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement. You may not download any Content, and may not copy, reproduce, distribute, transmit, broadcast, sell, or license any Content for any purpose.
B. Nature of the Content. Company provides the Content to users as-is. Company is not responsible for the accuracy, truthfulness, relevance, or utility of any Content.
C. User-Submitted Content. Registered users may submit video, audio, still images, and other materials (“Submissions”) to the Service. By submitting any Submissions, you represent and warrant that you have the necessary licenses, rights, consents, and permissions to do so, and you grant to Company a worldwide, nonexclusive, royalty-free, perpetual license to use, reproduce, copy, edit, create derivative works of, distribute, transmit, display, exhibit, and perform such Content as part of the Service. You further represent and warrant that such Submissions, including any portion thereof, do not (a) violate any law, regulation or right of any kind whatsoever, including but not limited to statutory or common-law copyright, trademark or right of privacy, (b) give rise to any actionable claim or liability, or (c) infringe on the rights of any third party. Company reserves the right to add or decline to add any Submissions, or any portion thereof, to the Content, and to remove any Submissions, or any portion thereof, from the Content, in its sole discretion at any time.
D. Passwords. All registered users must have a valid username and password, which must be kept strictly confidential. You are responsible for maintaining the security and confidentiality of your username and password and preventing their use by any unauthorized persons.
E. Security. You agree to not disassemble, decompile, or reverse engineer the Service or any portion thereof, or use a robot, spider, or any similar device to copy or catalog the Content or any portion thereof, or take any actions to circumvent, disable, damage, impair, or otherwise interfere with the Service’s control or security systems.
Company reserves the right to change this User Agreement from time to time and without notice. Such changes will become effective when Company posts the revised User Agreement on the Service. You should check the User Agreement periodically, as you are bound by the User Agreement posted on the Service at the time of access.
II. Digital Millennium Copyright Act. If you are a copyright owner and believe that any Content infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act by providing our Designated Copyright Agent with the following information in writing, as further detailed in § 17 U.S.C 512(c)(3):
- 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 are covered by a single notification, a representative list of such works;
- 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 Company to locate the material;
- Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an email address;
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Company’s Designated Copyright Agent to receive notifications of claimed infringement is Paul Hardart, 1607 22nd St. NW #3,?Washington, DC 20008, email: info@witnify.com.
If you believe that Content you submitted to the Service that was removed, or to which access has been disabled, is not infringing, or that you have the authorization either from the copyright owner, from the copyright owner’s agent, or pursuant to the law to post such Content, you may submit to our Designated Copyright Agent a counter-notice containing the following information in writing, as further detailed in § 17 U.S.C 512(g)(3):
- 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 under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, the federal and district courts located in the District of Columbia, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
III. No Warranties. THE SERVICE AND THE CONTENT ARE PROVIDED AS IS. To the fullest extent permitted by law, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE SERVICE OR THE CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) CONTENT ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES, (B) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (D) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY A THIRD PARTY, OR (E) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT.
IV. Waiver. You hereby waive all claims against Company, its parent, and subsidiaries, and their respective officers, directors, employees, representatives, and agents, from any and all claims, damages, liabilities, costs and expenses arising out of your use of the Service and the Content, and you hereby waive protections afforded by any jurisdiction that provide that a general release does not extend to claims that do not exist or are unknown or unsuspected at the time the release is executed.
V. Limitation of Liability. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) CONTENT ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES, (B) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (D) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY A THIRD PARTY, OR (E) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
VI. Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company, its parent, and subsidiaries, and their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of the Service and the Content or from your violation or alleged violation of any term of this Agreement.
VII. Miscellaneous. This Agreement shall be construed and enforced under the laws of the District of Columbia without reference to the choice of law principles thereof. You hereby consent to and submit to the jurisdiction of the federal and state courts located in the District of Columbia. You waive any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. This Agreement, and any rights and licenses granted hereunder, may not be assigned by you but may be assigned by Company. If any provision of this Agreement is unenforceable, then such provision shall be of no effect on any other provision hereof. No waiver of any breach hereof shall be deemed a waiver of any other breach hereof. All representations, warranties, and indemnities survive this Agreement and your use of the Service.
