Term Of Use
Welcome! WESST.TV is owned and operated by WESST, Inc. A New Mexico,
United States non-profit company.
Acceptance and Agreement
By accessing and/or using the WESST.TV web site and the content, features,
applications, and services offered in connection with WESST.TV (collectively,
the "Site") you agree to be bound by these Terms of Use
and the terms and conditions of the WESST.TV Privacy Notice and incorporated
into these Terms of Use (collectively, this
"Agreement"). As a user of the Site, you represent and warrant that you have the
right, capacity and authority to enter into this Agreement and will abide by its
terms and conditions. If you do not agree with the terms and conditions of this
Agreement, then you should not access or use the Site.
This Agreement applies to all users of the Site, both registered and none
registered users. The term "user" refers to Individual Users - anyone who
accesses or uses the Site. WESST.TV may modify this Agreement from time to time
without notice, and such modification shall be effective upon posting to the
Site. You agree to be bound by any modifications to this Agreement when you
access or use the Site after any such modification is posted on the Site. It is
therefore important that you review this Agreement regularly.
Registered Users
In order to register with the Site you must be at least fourteen years old
and you must have a PayPal account. Users younger than fourteen are not allowed
to view the site except under the supervision of a parent or guardian. Your
eligibility to register is automatically void where prohibited by law. You
affirm that all information you provide in registering with the Site is true and
complete. Your registration will take effect upon acceptance of your
registration form by WESST.TV. Other terms and conditions may apply to your
registration as posted from time-to-time on the Site. You may terminate your
registration at any time, for any reason by following the instructions within
your PayPal Account. Upon termination any uploaded video content is not
automatically removed. You have to seperately request this content be
removed by emailing using the Help Page. WESST.TV reserves the right to
reject and to terminate your registration and use of our Site at any time, for
any reason without notice to you. If WESST.TV terminates your registration or
locks out your use because WESST.TV has determined that you have breached this
Agreement, you will not be entitled to any refund of your unused registration or
premium services fees, if any.
Rights To Content
Users retain any rights they have in photos, videos, audio files, text and
other materials they submit to the Site or transmit to other users through the
Site ("User Submissions"). WESST.TV retains full ownership or license rights to
all other software, content and materials contained within the Site, including
without limitation, graphics, text, scripts, photos, sounds, videos, and music
("Content") and to all patents, copyrights, trademarks, service marks and other
proprietary rights in and to the Site and the Content. Content and User
Submissions are provided for your personal, non-commercial use only as permitted
by the Site and may not be accessed, used, modified, performed, displayed,
reproduced, copied, published, transmitted, distributed, sold, transferred,
licensed or exploited for any other purpose without the prior written consent of
the respective owners. If you download, transmit, print or copy Content or User
Submissions, you must retain all copyright and proprietary notices contained
therein. You agree not to circumvent, disable or interfere with the security and
use restriction features of the Site.
User Submissions
By submitting your User Submissions to the Site, you hereby grant to WESST.TV
a non-exclusive, royalty-free, sublicenseable, transferable and worldwide
license to access, use, modify, perform, display, reproduce, copy, prepare
derivative works of, transmit, publish and distribute your User Submissions, and
all patents, copyrights, trademarks and other proprietary rights therein, in
connection with the Site and the business of WESST.TV and WESST, Imc., including
without limitation for promoting, transmitting and distributing the Site, or any
part or derivative thereof, in and through any media and channels. You also
hereby grant to each user of the Site a non-exclusive, royalty-free, worldwide
license to access, use, modify, perform, display, reproduce, copy, prepare
derivative works of, transmit, publish and distribute your User Submissions for
their personal, non-commercial use as permitted through the services and
functionality of the Site. You are solely responsible for your own User
Submissions and the consequences of your User Submissions being posted on and
distributed through the Site.
You represent and warrant that: (a) you have all rights in and to your User
Submissions (whether through ownership or licenses, consents, and permissions
from the owner) required for (i) you to lawfully submit your User Submissions to
the Site and grant the rights to your User Submissions provided in this
Agreement, and (ii) your User Submissions to be posted and transmitted to and
through the Site for the purposes contemplated by the Site and this Agreement;
(b) you have all required licenses, consents, releases and/or permissions to use
the name and/or likeness of each identifiable individual person in your User
Submissions in the manner contemplated by the Site and this Agreement, and (c)
the posting and transmission of your User Submissions on and through the Site
for the purposes contemplated by the Site and this Agreement does not violate
the privacy rights, publicity rights, copyrights, patents, trademarks, contract
rights or any other rights of any person or entity.
Copyright Policy
WESST.TV prohibits the submission of any copyrighted material without the
user first obtaining the prior written consent of the copyright owner. If you
are a copyright owner or an agent thereof and believe any user submission or
other content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act by providing our Copyright
Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for
further details):
(a) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(b) 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;
(c) 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;
(d) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(e) 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
(f) 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.
WESST.TV's designated Copyright Agent to receive notifications of claimed
infringement is: refer to the Help Page
Prohibited Content
You agree not to submit or post any User Submission to the Site, or transmit
any User Submission through the Site, that (a) is contrary to the evangelization
of Jesus Christ and His teachings, or constitutes blasphemy, or is otherwise
offensive to our online Christian community, (b) violates any patents,
copyrights, trademarks or other intellectual property rights, (c) is illegal,
obscene, pornographic, defamatory, or libelous, (d) is abusive, hateful,
harassing, or threatening, (e) promotes bigotry, racism, or hatred against any
group or individual, (f) is false, misleading or constitutes a
misrepresentation, (g) encourages conduct that could be illegal or give rise to
civil liability or is otherwise inappropriate, or (h) promotes the exploitation
of, or solicits information from, any person under the age of eighteen. You
understand and agree that WESST.TV reserves the right to review, edit, block,
and delete any of your User Submissions for any reason at any time without
notice, including without limitation, if WESST.TV determines in its sole
discretion that a User Submission is prohibited as provided above or otherwise
violates this Agreement.
Use of Web Site; Commercial Use
You agree not to: (a) initiate or operate any sweepstakes, contests,
advertising barter or pyramid schemes on or through the Site; (b) solicit
personal identifying information for commercial or unlawful purposes from other
users; (c) transmit any form of chain letters or junk email to other users; (d)
use any information obtained from or through the Site (i) to abuse, harass, or
harm another person, (ii) for any illegal activity, or (iii) without our prior
written approval, to advertise to, contact for commercial purposes, solicit, or
sell to any other user; (e) use the Site for, or conduct on or through the Site,
any illegal and/or unauthorized activities; or (f) establish any unauthorized
framing of or linking to the Site.
WESST.TV reserves the right to restrict the number of emails which a user may
send to other users in any twenty four (24) hour period to a number which
WESST.TV deems appropriate in its sole discretion. If you send unsolicited bulk
email, instant messages or other unsolicited communications of any kind through
the Site you acknowledge that you will have caused substantial harm to WESST.TV
that will be difficult, if not impossible, to ascertain. As liquidated damages
for such harm, you agree to pay WESST.TV twenty-five dollars ($25.00) for each
such unsolicited email or other unsolicited communication you sent through the
Site. Such liquidated damages shall be in addition to any and all other rights,
remedies and damages to which WESST.TV and WESST, Inc. may be entitled to under
this Agreement, at law or in equity.
While WESST.TV assumes no responsibility for monitoring the Site, it will,
when it deems it appropriate, investigate activity in connection with the Site
that WESST.TV believes may be illegal, unauthorized or a breach of the terms of
this Agreement. If deemed appropriate by WESST.TV, it will initiate appropriate
legal action with respect to such activities, including without limitation,
criminal, civil and injunctive redress. WESST.TV reserves the right to restrict
your activity on, and/or block your access to, the Site any time for any reason
without notice to you.
Disputes Between Users
The resolution of disputes that may arise between users is the sole
responsibility of the users and WESST.TV has no liability or obligation with
respect to any such disputes.
Disclaimers
To the fullest extent permitted by law, the site, content and user
submissions are provided "as-is" and WESST.TV expressly disclaims any and all
warranties, express or implied, including without limitation, the warranties of
merchantability and fitness for a particular purpose, with respect to the site,
content and user submissions and your use thereof. WESST.TV does not guarantee
any specific results from the use of our web site or services or content. The
web site may not be available temporarily from time to time for maintenance
purposes or other reasons.
WESST.TV disclaims any and all responsibility and liability for (a) any
inaccuracies, errors or omissions in any content or user submissions posted on
or accessed through the site or in any content of any other web site linked to
this site, (b) any interruption, omission, error, delay in operation, deletion,
defect, communications line failure, destruction, theft or unauthorized access
to, or alteration of the site, any content, or any user submissions, (c) the
conduct, whether online or offline, of any user of the site, (d) any technical
malfunctions or problems of any telephone network or lines, computer online
systems, computer equipment, servers or providers, software, failure of video
plays on account of technical problems or traffic congestion on the internet or
any web site or combination thereof, (e) any personal injury or property damage
resulting from your access and use of the site, content, or user submissions or
your interaction with other users, (f) any unauthorized access to or use of our
servers and the information contained thereon, including without limitation,
user information, and (g) any bugs, viruses, trojan horses, worms, or other
destructive, disabling or malicious programs, codes, subroutines or the like
that are transmitted through the site.
WESST.TV assumes no responsibility for monitoring the site and does not
endorse any user submission or any opinion, statements or advice expressed
therein. WESST.TV expressly disclaims any and all liability in connection with
your access and use of the site, content, and user submissions and your
interaction with other users. You agree that your access and use of the site,
content and user submissions and your interaction with other users is undertaken
at your own risk.
The site is operated and provided by WESST.TV from its facilities in the
United States of America. WESST.TV does not represent or warrant that the site
complies with the laws of the jurisdiction from which you may be accessing the
site through the Internet. You are solely responsible for compliance with your
local law. You agree that (a) the site shall be deemed solely based in the State
of New Mexico, and (b) the site is a passive web site that does not give rise to
personal jurisdiction over WESST.TV or WESST, Inc. in any jurisdiction other
than the State of New Mexico.
Limitation of Liability
In no event shall WESST.TV, WESST, Inc. or their respective affiliates,
directors, officers, employees, agents, and assigns (the "WESST group") be
liable to you or any third party for any direct, indirect, consequential,
exemplary, incidental, special or punitive damages, including without limitation
lost profits, whether based on an action or claim in contract, equity,
negligence, tort or otherwise, arising from your access or use of the site,
content or user submissions or your interaction with other users, even if
WESST.TV has been advised of the possibility of such damages. In any event, the
liability of any member of the WESST group to you for any cause whatsoever and
regardless of the form of the action, will at all times be limited to the amount
paid, if any, by you to WESST.TV for your registration with the site and your
use of the WESST services during the term of your use. No cause of action
arising out of or relating to this agreement, the site, content or user
submissions may be brought by one party against the other party more than two
(2) years after the cause of action accrued. This limitation of liability shall
apply to the fullest extent permitted by law. If you are a California resident,
you 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".
Indemnity
You agree to indemnify and hold harmless WESST.TV, WESST, Inc. and their
respective affiliates, directors, officers, employees, agents, licensees and
assigns, and all other users from and against any and all royalties, fees,
damages, penalties, claims, costs and losses arising in connection with any of
your user submissions or your breach of any of the terms of this Agreement.
Disputes
You agree to the exclusive personal jurisdiction and venue of the federal and
state courts in Bernalillo County, New Mexico to adjudicate all claims,
controversies and disputes that may arise between you and any member of the
WESST group; provided that either you or WESST.TV may demand that such disputes
be subject to binding arbitration held in Albuquerque, New Mexico before one
arbitrator in accordance with the arbitration rules of the American arbitration
association, subject to each party’s right to seek injunctive relief in a court
of competent jurisdiction.
General
This Agreement will be governed by the substantive laws of the United States
of America and the State of New Mexico (without giving effect to any
choice-of-law rules that may require the application of the laws of another
jurisdiction). This Agreement constitutes the entire agreement of the parties
with respect to the subject matter hereof, superseding any previous or
contemporaneous representations, understandings or agreements with respect
thereto. There is no partnership, employee-employer, agency,
franchisor-franchisee or joint venture relationship between WESST.TV and any
user. If any provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement shall continue in full force and effect. The failure
of WESST.TV to enforce any of the terms of this Agreement or exercise any of its
rights under this Agreement shall not constitute a waiver of such terms or
rights. No waiver of any of the terms or rights in this Agreement shall be
deemed a further or continuing waiver of such terms or rights.
