HUMNEWS TERMS OF SERVICE

Welcome to HUMNEWS, a division of HUMAN MEDIA LLC, which owns and operates the website www.humnews.com. Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on HUMNEWS.COM 

INTRODUCTION

(A) Governing Terms. This website, including the features and services available from the site such as RSS feeds, podcasts, and embeddable video, (collectively “HUMNEWS.COM” or “Site”) is an interactive on-line service operated by HUMAN MEDIA LLC ("HUM"). These Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively “Terms of Service”) and the HUMNEWS PRIVACY POLICY, set forth the terms and conditions that apply to your use of HUMNEWS.COM. By using HUMNEWS.COM, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Service, you should not access or use HUMNEWS.COM

(B) Changes to Terms of Service. HUMNEWS may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of HUMNEWS.COM after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

(C) Changes to Site. HUMNEWS may change or discontinue any aspect, service or feature of HUMNEWS.COM at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) Registration. You may be given the opportunity to register via an online registration form to create a user account (your “Account”) that may allow you to receive information from HUMNEWS and/or to participate in certain features on the Site such as certain Interactive Areas. HUMNEWS will use the information you provide in accordance with the HUMNEWS PRIVACY POLICY By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that HUMNEWS may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.

COMMUNITY GUIDELINES AND USER CONTENT

(A) Interactive Areas You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on HUMNEWS.COM, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and HUMNEWS.

(B) Community Guidelines You shall be solely responsible for your own submissions and the consequences of posting or publishing them. If you submit any User Content or participate in an Interactive Area within or in connection with HUMNEWS.COM, you agree to abide by the following rules of conduct:

 - You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;

 - You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.

 - You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.

 - You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;

 - You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;

 - You agree not to upload, post or otherwise transmit, without the express prior approval of HUMNEWS, User Content which contains advertising or any solicitation with respect to products or services;

 - You agree not to impersonate any person or entity, including, but not limited to, any HUMNEWS employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;

 - You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about HUMNEWS.COM users or posting private information about a third party;

 - You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;

 - You agree not to interfere with or disrupt HUMNEWS or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

 - You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

 - You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by HUMNEWS, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on HUMNEWS.COM;

 - You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by HUMNEWS.COM;

 - You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by HUMNEWS.

Any conduct that in HUMNEWS’s sole discretion restricts or inhibits anyone else from using or enjoying HUMNEWS.COM will not be permitted. HUMNEWS reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. HUMNEWS is not responsible for User Content submitted to HUMNEWS.COM or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of HUMNEWS.COM

(C) Monitoring. HUMNEWS shall have the right, but not the obligation, to monitor User Content posted or uploaded to HUMNEWS.COM to determine compliance with these Terms of Service and any operating rules established by HUMNEWS and to satisfy any law, regulation or authorized government request. Although HUMNEWS has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to HUMNEWS.COM, HUMNEWS reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to HUMNEWS.COM at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.

(D) License to User Content  By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications worldwide (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

 (E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by HUMNEWS or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release HUMNEWS, and its licensees, successors and assigns, from any claims that you could otherwise assert against HUMNEWS by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.

(F) User Content submitted by you will be considered non-confidential and HUMNEWS is under no obligation to treat such User Content as proprietary information except pursuant to the HUMNEWS Privacy Policy. Without limiting the foregoing, HUMNEWS reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. HUMNEWS is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to HUMNEWS. HUMNEWS shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

COPYRIGHT AND OWNERSHIP

(A) Original Material. All original material on HUMNEWS.COM is distributed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. This means you are welcome to use, distribute and share our original material however you must attribute the original material to HUMNEWS, you may not sell or offer to sell the work; you may not modify, create derivative works, or in any way exploit the originally-published work in anyway, in whole or in part.

(B) Sourced work. Text, photographs, graphics, video and audio content used on HUMNEWS are often sourced from other individuals and organizations. You will need to find out what the permissions are for all sourced work on HUMNEWS from the original creators of the work(s) before you copy, redistribute, retransmit or publish any work(s) sourced by HUMNEWS, as they may have different copyright terms.

 (C) Excerpt materials. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.

 (D) We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

THIRD PARTY CONTENT  

HUMNEWS is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of HUMNEWS.COM, are those of the respective author(s) or distributor(s) and not of HUMNEWS. Neither HUMNEWS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through HUMNEWS.COM represents the opinions and judgments of the respective user or information provider not under contract with HUMNEWS. HUMNEWS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on HUMNEWS.COM by any third party. Under no circumstances will HUMNEWS be liable for any loss or damage caused by your use or reliance on information obtained through HUMNEWS.COM. HUMNEWS is not responsible for any actions or inaction on your part based on the information that is presented on HUMNEWS.COM It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through HUMNEWS.COM Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

ADVERTISMENT AND PROMOTIONS (LINKS TO OTHER SITES)

 HUMNEWS may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than HUMNEWS, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. HUMNEWS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

DISCLAIMER OF WARRENTY AND LIMITATION OF LIABILITY

(A) YOU EXPRESSLY AGREE THAT USE OF HUMNEWS.COM IS AT YOUR SOLE RISK. NEITHER HUMNEWS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT HUMNEWS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF HUMNEWS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH HUMNEWS.COM.

(B) HUMNEWS.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

(C) HUMNEWS.COM MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON HUMNEWS.COM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. HUMNEWS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN HUMNEWS.COM.

(D) NEITHER HUMNEWS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(E) IN NO EVENT WILL HUMNEWS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING HUMNEWS.COM OR THE HUMNEWS.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE HUMNEWS.COM.

(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, HUMNEWS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN HUMNEWS.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER HUMNEWS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

(G) HUMNEWS disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing HUMNEWS.COM, you acknowledge and agree to the disclaimer by HUMNEWS of any such liability. If you do not agree, you should not access or use HUMNEWS.COM.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless HUMNEWS, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of HUMNEW.COM by you or your account.

TERMINATION

HUMNEWS reserves the right to terminate or suspend these Terms of Service at any time without notice to you. Without limiting the foregoing, HUMNEWS shall have the right to immediately terminate your Account and/or access to the Site in the event of any conduct by you which HUMNEWS, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service.

COPYRIGHTS

HUMNEWS respects the rights of all copyright holders and in this regard, HUMNEWS has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact HUMNEWS at feedback@humnews.com 

 You must provide the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyright 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;

3. 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 us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

5. 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

6. 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.

These Terms of Service were last updated on October 28, 2011