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Terms of Use

Last Updated: November 20, 2024

Thank you for visiting this website or using this mobile application. These Terms of Use apply to your access to and use of this website or mobile application (the “Service”), and the information, products, and service available through this Service. By using this Service, you accept and agree to all of the terms and conditions set forth herein, which form a legally binding agreement between you and Hampton Roads Educational Telecommunications Association, Inc., a non-profit public media organization doing business as WHRO Public Media (“WHRO”, “us”, or “we”). If you do not agree to these Terms of Use, your choice is to stop using our Service. Please see our Privacy Policy for terms applicable to our data collection and use practices relating to this Service, the terms of which are incorporated in these Terms of Use by reference.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

I. UPDATES AND EFFECTIVE DATE

We reserve the right, at our discretion, to update or revise these Terms of Use from time to time as we deem appropriate by posting such changes on this Service. Any changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes, and we encourage you to periodically check back and review these Terms of Use so that you always will know what terms and conditions apply to your access to and use of this Service, or our use of any Submission (defined below) that you have posted on this Service or submitted to us. Your continued use of this Service and/or your submission of any Submission to us after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. This Service may change, and we may restrict access to, suspend or discontinue this Service, or any portion of this Service, at any time.

We reserve the right to refuse service, cancel accounts, and/or terminate access to this Service our discretion, with or without notice, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of WHRO.

II. USER SUBMISSIONS

You may have the opportunity to post or otherwise submit and share ideas, information, and materials via this Service, including, without limitation, data, text, files, links, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, music, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information (“Submission”).

By submitting any such Submission to us or posting any such Submission in any public area of this Service, you:

  • grant WHRO and our owners, affiliates, and licensees the royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such Submission (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis;
  • grant WHRO and our owners, affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose;
  • represent and warrant that you own or otherwise control all of the rights to the Submission that you submit or post, the Submission is accurate and the use of the Submission you supply or post does not violate these Terms of Use and will not cause injury or damage to any person or entity;
  • waive any claim that WHRO misappropriated any such Submission or any portions thereof;
  • acknowledge and agree that (1) any Submission is considered non-confidential and public and you have no expectation of privacy with respect thereto and (2) other users of this Service may access, view, store or reproduce your Submission for that user’s personal use, which such use may include disclosure to third parties.

Without limiting the generality of the foregoing, by using this Service, you further acknowledge and agree that:

  • you will not submit a Submission that is unlawful, threatening, abusive, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, deceptive, fraudulent, or otherwise violates these Terms of Use or applicable law;
  • you will not submit a Submission that Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any Submission submitted by you to or through this Service.

We do not control, are not responsible for, and do not guarantee the accuracy, integrity or quality of, the Submissions made available through our Service. Please note that the substance, views and opinions expressed in the Submissions are those of the author or submitting user solely and do not necessarily reflect our views or opinions. You should make your own evaluation of the content, views, and opinions expressed in the Submissions. We are not responsible for and do not endorse, guarantee, or warrant any content, views, or opinions referenced, posted or sent by the authors or submitting users through our Service.

When you use this Service, you may be exposed to Submissions that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By electing to use this Service, you agree to accept such risks and you agree that we are not responsible for the acts or omissions of users on this Service. We may now or in the future provide you with a mechanism or click button to allow You to report any Submission you may find objectionable. But please understand that in so doing we do not guarantee that any such Submission will be removed, edited or deleted, and we are not responsible or liable for our refusing or failing to remove, edit or delete a Submission you find objectionable.

III. THIRD PARTY SITES

Our Services may provide links or references to third party sites that we do not own or operate. Any such links to third party sites are provided merely as a convenience to the users of this Service, and such links do not imply endorsement by WHRO of such other third party sites or the content contained therein. WHRO disclaims all liability with regard to your access to such linked websites and your use of and access to any websites linked to this Service is at your own risk. Further, WHRO has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. For information about such other third party websites, we encourage you to consult the specific terms of use and privacy policies of such other websites.

IV. PROPRIETARY RIGHTS

This Service and all content displayed on this Service and all software, data and information used to provide this Service, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by WHRO or our owners, affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Service solely for your personal and non-commercial use and as necessary in connection with the use of any services available through this Service.

Except as expressly authorized in these Terms of Use, you may not modify, distribute, reproduce, display, or use this Service or any elements thereof. Furthermore, (i) reproduction, re transmission or re presentation in any form, in whole or in part, of any content, programming code, images or graphics included within this Service is strictly prohibited without our prior express written permission; (ii) you may not frame, squeeze back, overlay or employ other techniques to enclose or display this Service, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on this Service, with any other software or content of a third party; (iii) you may not use any meta tags or any other “hidden text” utilizing the names or trademarks of WHRO or our owners, affiliates, licensors or licensees without our or their express written consent; and (iv) you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Service or the services offered herein.

In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means, or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from this Service.

This Service includes certain trademarks and service marks owned by WHRO and/or our owners, affiliates or others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any Service content.

All rights not expressly granted to you by us in these Terms of Use are reserved to WHRO, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this Service as authorized hereunder.

V. NOTICE OF COPYRIGHT INFRINGEMENT

WHRO respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Service under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide notify us by sending a notice by U.S. Mail to WHRO Public Media, 5200 Hampton Blvd, Norfolk, VA 23508 Attn: Amy Houck and include the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed;
  • a description of the copyrighted work or works that allegedly have been infringed;
  • a description of the Service(s) where the allegedly infringing material appears that will allow Us to locate the material;
  • a statement by You that You have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and
  • a statement by You that the information in Your notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

If you believe any other rights you have (or may have) have been infringed or violated, please notify us by sending a notice by U.S. Mail to WHRO Public Media, 5200 Hampton Blvd, Norfolk, VA 23508, Attn: Vice President of Marketing and Communications.

VI. VIOLATION OF TERMS OF USE

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Service, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Service, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any communication by you with us through this Service or any service offered on or through this Service and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of WHRO and/or our owners, affiliates, employees, users of or visitors to this Service or the public.

Without limiting any other provision of these Terms of Use, you agree that we may, in our sole discretion and without prior notice, terminate your access to this Service and/or block your future access to this Service if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this Service, including but not limited to our Privacy Policy. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

VII. DISCLAIMER OF WARRANTIES

YOU AGREE THAT THIS SERVICE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SERVICE ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THIS SERVICE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. You understand that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information, products and services available through, published on or promoted over this Service, including information, products and services referred to, advertised or promoted on or sold through this Service. Neither WHRO nor our owners, affiliates, licensors or licensees warrant that this Service will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from use of this Service or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through this Service.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WHRO AND OUR OWNERS, AFFILIATES, LICENSORS AND LICENSEES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

VIII. LIMITATION OF LIABILITY

NEITHER WHRO NOR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS SERVICE. IN NO EVENT SHALL WHRO OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SERVICE OR OUR USE OF ANY SUBMISSION THAT YOU POST OR SUBMIT TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL WHRO OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, you agree that the entire aggregate liability, if any, of WHRO and our owners, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, this Service or any information, products or services available through this Service, or our use of any Submission that you post on this Service or submit to us, will not exceed one hundred dollars ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.

IX. RELEASE AND INDEMNITY

You hereby release and agree to indemnify, defend and hold harmless WHRO and our owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney’s fees, arising from or relating to (a) your breach of these Terms of Use or any matter for which you are responsible or liable under the terms of these Terms of Use, (b) third party claims with respect to our use of any Submission that you have posted on this Service or submitted to us, including, but not limited to, infringement of copyright, trademark, trade secret, patent, proprietary rights or any other claims, or (c) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

X. DISPUTES

Except as provided below, you and we agree that any cause of action, legal claim, controversy or dispute (each, a “Dispute” and, collectively, “Disputes”) between you and us arising out of or relating to these Terms of Use, your use of this Service, your use or purchase of information, products or services available through this Service, or our procurement or use of any Submission that you have posted on this Service or submitted to us, must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other users or customers. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

Instead of using arbitration, you or we can bring claims in your local court, but only if it is a “small claims” court and the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Commercial Arbitration Rules. You and we expressly waive a trial by jury. You agree that any and all Disputes shall be resolved individually, without resort to any form of class action.

The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of usage restrictions, or efforts to interfere with the service or engage with the service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

This arbitration provision is governed by the Federal Arbitration Act.

You can opt out of this provision within 30 days of the date that you agreed to these Terms of Use by accessing and using this Service. To opt out, you must send your name, residence address, username, email address and phone number, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: WHRO Public Media Member Services, 5200 Hampton Blvd, Norfolk, VA 23508.

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, email address or phone number, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to WHRO Public Media Member Services, 5200 Hampton Blvd, Norfolk, VA 23508. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

For any Dispute that is not resolved in small claims court or is not otherwise required to be arbitrated, you agree that it will be resolved exclusively in the state and federal courts located in the City of Norfolk, Virginia. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

The laws of the Commonwealth of Virginia, to the extent not preempted by or inconsistent with federal law, will govern these Terms of Use and any claim, without regard to conflict of law provisions.

XI. MISCELLANEOUS

Use of this Service by you for spamming is strictly prohibited. By using this Service, you agree not to use information concerning other users of this Service, or any items such users have listed or searched for on this Service (including listing information, user names, email addresses, telephone numbers and/or other information), for any purpose that is not expressly permitted by these Terms of Use. You may not post information directed to or collect personal information from any minor.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WHRO as a result of these Terms of Use or your use of this Service or the information, products or services available through this Service.

You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You shall use this Service and the information, products and services available through this Service for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this Service or the information, products or services available through this Service will not be permitted.

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.

Failure by WHRO to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof. You also may be subject to additional terms and conditions that apply when you use or purchase certain other products or services from WHRO.

XII. CONTACT US

If you have any questions regarding these Terms of Use, please contact us at info@whro.org, or by phone at 757-889-9499.