Website Terms and Conditions
Questions or comments about these websites may be directed to WHOA World Media LLC.’s WEBMASTER. firstname.lastname@example.org
You agree to comply with all of these terms and conditions, and all applicable laws, regulations, and rules when you use WHOA World Media LLC.’s websites. WHOA World Media LLC.’s websites are provided only for your personal, non-commercial use. WHOA World Media LLC. may deny your access to these websites and pursue any available legal remedies if it determines, in its sole discretion, that you have breached any of these terms and conditions, including, but not limited to, any act which infringes or violates the rights of others.
These websites are controlled, maintained and operated by WHOA World Media LLC., at least in part, by personnel and equipment located in Clermont, Florida, USA. While WHOA World Media LLC. endeavors to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies or omissions and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.
Our websites are not for use by minors. We offer products and services that may be appropriate for minors, but if you are under the age of 18 you may use our websites only with the involvement of a parent or guardian.
FORUMS AND BULLETIN BOARDS
These websites provide registered Members with access to interactive forums, bulletin boards, and discussion boards (collectively, “the Forums”) that are operated and maintained by WHOA World Media LLC.. To become a Member, you must be at least 18 years old and complete the applicable on-line registration forms. You agree that all information provided on your registration form is accurate. You acknowledge and agree that WHOA World Media LLC. may, in its sole discretion and with or without any notice to you, suspend or discontinue your current or future access to the Forums.
The Forums are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, WHOA World Media LLC. reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, the Forums, at any time and from time to time, regardless of whether the Forums were previously offered at no charge.
The Forums accessible through WHOA World Media LLC.’s websites are provided only for Members’ personal use and convenience and may be used to post questions, comments, suggestions, ideas, text, discoveries, plans, notes, drawings, images, graphics, links, photographs, audio or video files, original or creative materials, or other information or materials relevant to a prescribed topic (collectively, “User Material”). You may only post User Material for which you have the right to use, disclose, copy, display and license or sublicense, in accordance with all applicable laws and regulations. You further agree that you will not use the Forums, or the systems or services on which the Forums are hosted, to:
- submit, display or transmit any User Material in violation of any proprietary rights of, or your contractual obligations to, any third party, or in violation of applicable laws, rules and regulations;
- submit, display or transmit any commercial messages, duplicative messages, promotions, advertisements, surveys, contests, chain letters, pyramid schemes, or the like;
- forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Material;
- threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity including, without limitation, rights of privacy or publicity;
- publish, post, display or disseminate any knowingly untrue, profane, obscene, indecent, unlawful, terrorist, violent or hateful User Material;
- collect, store, publish, post, sell, transmit or disclose personal data about other persons, transmit unsolicited commercial email to other persons, or use the Forums to disclose or sell personal data about Members or non-Members;
- upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or similar software or programs;
- restrict or prevent any other Member from using the Forums; or
- create or disseminate a negative thread about an individual or individuals.
Except as provided in a separate written agreement between you and WHOA World Media LLC., you agree that all User Material that you submit to the Forums are non-confidential and WHOA World Media LLC. shall be entitled to unrestricted use of such User Material. As such, WHOA World Media LLC. is granted a perpetual worldwide, fully paid, non-exclusive right, including any moral rights and with unfettered rights of assignment, and license to make, use, offer for sale, sell, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, communicate to the public, perform, and display, in whole or in part, and/or to incorporate it in any other works in any form, media, or technology now know or later developed, for the full term of any rights that may exist in any such User Material, without any obligation of accounting.
WHOA World Media LLC. is not be responsible for, and disclaims all liability in connection with use of any User Material submitted, posted or display on the Forums. You should use caution when posting User Material, or any other information, including but not limited to personally identifiable information, to the Forums.
You agree that you will not access or attempt to access any systems or servers on which the Forums are hosted or modify or alter the Forums in any way.
“Confidential Access Information” includes any login, identifier or password. You acknowledge and agree to maintain the confidentiality of all Confidential Access Information, and you may not disclose such Confidential Access Information to any other person or entity, or permit any other person or entity, whether or not a Member, to access the Forums. You also agree to notify WHOA World Media LLC. immediately of any unauthorized use of any Confidential Access Information or any other breach of security of which you are aware. You may not use any Confidential Access Information that is not issued directly to you or approved by WHOA World Media LLC.
WHOA World Media LLC. has no obligation to monitor User Material posted to these websites or the Forums. However, WHOA World Media LLC. reserves the right to review User Material, and to remove, delete, redact or otherwise modify such, in WHOA World Media LLC.’s sole discretion and for any reason whatsoever, at any time and from time to time, without notice or further obligation to you. WHOA World Media LLC. has no obligation to display or post any User Material provided by you. WHOA World Media LLC. reserves the right to disclose, at any time and from time to time, any User Material posted or provided to these websites or the Forums that WHOA World Media LLC. deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.
By submitting, uploading or posting User Material to these websites or the Forums, you grant WHOA World Media LLC. permission to use such User Material, and grant to us the worldwide, non-exclusive, irrevocable, royalty-free right to use, copy, distribute, publish, display, transmit, transfer, modify, translate and reformat such materials, publish your screen name in connection with your User Material and sublicense such User Material to any of WHOA World Media LLC.’s affiliates or service providers or any third party. You acknowledge and agree that you are not entitled to receive any compensation for any User Material.
In addition, you represent and warrant that: (i) you own, or otherwise have the license, permission, consent, or other requisite and sufficient legal right to submit any User Material submitted by you; (ii) you will not submit, without legal permission or authorization any User Material that is subject to any copyright or other proprietary right of any third party; and (iii) you have all necessary consents and/or waivers of any rights of privacy or publicity associated with such User Material.
INTELLECTUAL PROPERTY RIGHTS
Copyright Infringement. Any copyright owner or authorized agent who believes that any materials, information or text displayed on these websites or the Forums infringes their copyrights, may submit a notification pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Department, Copyright Dept., WHOA World Media LLC., 14744 Yellow Pine Lane. Clermont, FL. 34711 with the following information in writing:
- 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 WHOA World Media LLC. to locate the material;
- information reasonably sufficient to permit WHOA World Media LLC. to contact the copyright owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
- a statement that the copyright owner 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 complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that only DMCA notices should go to WHOA World Media LLC.’s Copyright Department. Any other feedback, comments, requests for technical support, and other communications should be directed to WHOA World Media LLC.’s Webmaster email@example.com . You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Trademarks. “WHOA World Media LLC.” WHOA What’s Happening with Original Artists” WHOA World Media LLC.’s products and services described in these websites are either trademarks or trade names of WHOA World Media LLC. and its licensors, or are the property of their respective owners. These marks may not be copied, imitated, or used, in whole or in part, with the express prior written permission of WHOA World Media LLC.. In addition, page headers, custom graphics, button icons, and scripts, may be service marks, trademarks, or trade dress of WHOA World Media LLC., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WHOA World Media LLC..
COMMERCIAL USE NOT PERMITTED
No commercial use of the information on or under these websites is licensed or permitted. For example, the use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire, or download information on these websites is expressly prohibited. Notwithstanding the foregoing, the use of reputable commercial spider engines that crawl the website for purposes of building or maintaining standard, publicly-available search engine indices (such as those maintained by Google and Yahoo!) are permitted. In addition, the collection of any information from these websites, including any email address or other personally identifiable information of users is prohibited.
DISCLAIMERS, WARRANTIES, AND LIMITATIONS OF LIABILITY
Disclaimers. WHOA WORLD MEDIA LLC.PUBLISHERS OF “WHOA WHAT’S HAPPENING WITH ORIGINAL ARTISTS” MAGAZINE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, COMPLETENESS, TIMELINESS, ACCURACY OR SUITABILITY OF THE INFORMATION OR USER MATERIAL, HYPERLINKS OR WEBSITES ACCESSIBLE BY HYPERLINKS FROM THESE WEBSITES, OR OTHER MATERIALS CONTAINED ON THESE WEBSITES OR IN THE FORUMS. YOU MAY NOT RELY ON ANY MATERIALS PROVIDED BY OR SUBMITTED TO THE FORUMS OR WHOA WORLD MEDIA LLC.. WHOA WORLD MEDIA LLC. DOES NOT CONTROL OR ENDORSE THE MATERIALS OR INFORMATION CONTAINED ON THE FORUMS. OUR WEBSITES, THE FORUMS, AND ALL INFORMATION AND MATERIALS CONTAINED ON THE FORUMS, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHOA WORLD MEDIA LLC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AS A CONDITION OF YOUR USE OF THE FORUMS, YOU WARRANT TO WHOA WORLD MEDIA LLC. THAT YOU WILL NOT USE THE FORUMS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OR ANY APPLICABLE LAW.
Limitation of Liability. WHOA WORLD MEDIA LLC., ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH WEBSITE CONTENT, AND/OR ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE FORUMS OR THE INFORMATION OR MATERIALS AVAILABLE FROM THE FORUMS, OR ANY LOSS, BUSINESS INTERRUPTION, OR ANY USE OF THE FORUMS BY ANY PERSON, OR OTHER DAMAGES IN CONNECTION THEREWITH. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend and hold harmless WHOA World Media LLC., its affiliates, and its and their respective officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the websites and/or Forums, including, without limitation, in connection with any User Material, submitted, posted or displayed by you on the Forums, or any violation by you of these website terms, any applicable law or any rights of another person or entity.
If any controversy, dispute or claim arises out of or related to your use of WHOA World Media LLC.’s websites, the forums, or any User Material posted on or submitted to WHOA World Media LLC.’s websites or the Forums, the dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, WHOA World Media LLC. reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the User Material, breach of your confidentiality obligations, or any other violations hereunder.
EXCLUSIVE JURISDICTION, GOVERNING LAW
Except as otherwise expressly provided, the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with these websites, the Forums and/or the User Material or their use is Clermont,Florida USA. These website terms and the relationship between you and WHOA World Media LLC. will be governed by the laws of the State of Florida, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these website terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these website terms shall continue in effect.
Notwithstanding any of these terms, WHOA World Media LLC. reserves the right, without notice and in its sole discretion, to terminate your license to use these websites or the Forums, and to block or prevent future access to the same.