Last Updated: December 29, 2020
By accessing or using the Content, you agree to be bound by the terms of this agreement.
1 LIMITED USE LICENSE
Hansen Media Site Content is licensed – not sold.
Subject to your compliance with this Agreement, we hereby grant you a non-exclusive, non-transferable right and license to use the Content on this site solely for your personal and non-commercial use. We reserve all rights in and to the content that we do not expressly grant you in this Agreement.
2 OWNERSHIP OF HANSEN MEDIA SITE CONTENT
Except for the license we grant you in Section 1 above, all right, title, and interest in and to the Content, and any and all intellectual property rights embodied in the Content, are owned by Hansen Media or our licensors. The Content is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved.
3 ACCEPTABLE USE OF HANSEN MEDIA SITE CONTENT
You are responsible for your use of the Content, and for any use of the Content made using your account. Our goal is to create an educational experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Content or otherwise interact with us, YOU MUST NOT:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- exploit the Content or any of its parts commercially;
- use the Content, or permit use of the Content, or make the Content available for use in a network, multi-user arrangement, or remote access arrangement, including where it could be downloaded by multiple users;
- sell, rent, lease, license, distribute, or otherwise transfer this Content or any copies;
- post or share anything, or act in a manner, that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our discretion;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- attempt to remove, disable, or circumvent any security measure or proprietary notices contained on or within the Content;
- attempt to reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Content, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications shall belong to, vest in, and be the exclusive property of Hansen Media on creation);
- export or re-export the Content or any copy of it in violation of any applicable laws or regulations, including applicable United States export control regulations regarding U.S. embargoed countries or denied persons; and/or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Without limiting any of our other rights or remedies, we reserve the right to suspend or terminate the account or refuse customer service to anyone who, in our opinion, has violated the spirit or letter of this Section (“Acceptable Use of Hansen Media Site Content”).
4 USER CONTENT
The Hansen Media site may allow you to upload, submit, store, send, or receive content and data (“User Content”). By way of example, User Content includes your original content that you upload or contribute to the Blog, such as comments, images, audio, media, or virtual items. You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through the Hansen Media Site, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, and distribute your User Content. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Hansen Media Site. In general, however, we will only use your User Content for as long as you choose to store it with us. YOU PROMISE THAT:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Hansen Media Site for any reason.
6 PURCHASES OF DOWNLOADS AND FIXED MEDIA
Hansen Media may provide you with the option to license a variety of virtual items such as downloadable documents, music scores, audio files, or videos for a fee. We may also offer content for sale on fixed media, such as a CD-ROM, Audio CD or DVD.
You agree to pay all fees and applicable taxes incurred by you or anyone using a user account registered to you. All sales are final. They cannot be returned, refunded, or exchanged for cash or any other tangible value.
You agree that you have no property interest in any Hansen Media content downloaded or on fixed media. Hansen Media reserves the right, without prior notification, to limit the order quantity on any fixed media or downloads and/or to refuse to license them. Prices and availability of fixed media and downloads are subject to change without notice.
8 CLAIMS RELATED TO COPYRIGHT INFRINGEMENT UNDER THE DMCA
Hansen Media respects the intellectual property rights of others and expects its users to do the same. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), the Company has implemented procedures for receiving notification of claimed copyright infringement. The Company has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a notice. To be effective, a notice must be a written communication provided to the Company’s Copyright Agent and must contain:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location of the material that you claim is infringing;
- Your telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may submit this information to the Company’s Designated Agent:
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a document sent to the Company’s Designated Agent identified above that sets forth the following items:
- An identification of the URLs or other unique identifying information of material that the Company has removed or to which the Company has disabled access;
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (Multnomah County, Oregon if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
- A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your physical or electronic signature
9 CHANGES TO HANSEN MEDIA SITE CONTENT
We enhance and update the Content often. We may change or discontinue the Content at any time, with or without notice to you.
10 ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS
You and Hansen Media agree that we will resolve any dispute between us through binding and final arbitration instead of through court proceedings. You and Hansen Media hereby waive any right to a jury trial of any claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Hansen Media relating to this agreement or the content (each a “claim”) shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association (“AAA rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hansen Media will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Hansen Media from seeking action by federal, state, or local government agencies. You and Hansen Media also have the right to bring qualifying claims in small claims court. In addition, you and Hansen Media retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor Hansen Media may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Hansen Media individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of this Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. This Section of this Agreement will survive the termination of your relationship with Hansen Media.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. Other rights that you or Hansen Media would have in court also may not be available in arbitration.
We can terminate this Agreement if you breach any of the terms. You can terminate this Agreement at any time by refraining from any access to the Site, or use of Content. If this Agreement is terminated for any reason, you will no longer have any of the rights to the Content set forth in this Agreement. Some of the terms of this Agreement will survive termination, including “Ownership of Content,” “Disclaimer and Limitations on Our Liability,” “Indemnification,” “Arbitration Agreement and Waiver of Certain Rights,” and “Other Provisions.”
12 DISCLAIMER AND LIMITATIONS ON OUR LIABILITY
You use the Hansen Media Content at your own risk. Content is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, our company and its officers, employees, directors, shareholders, subsidiaries, affiliates, agents, and licensors (“affiliates”) disclaim all warranties, conditions, and representations of any kind, whether implied, statutory, or otherwise, including those related to accuracy, fitness for a particular purpose, and non-infringement.
in particular, the Company and its affiliates make no representations or warranties about the quality of the Content available on or through the Site, or the content of any websites or online services linked to or integrated with the Site. Our company and its affiliates will have no liability for any: (i) errors, mistakes, or inaccuracies of the content; (ii) personal injury or property damage resulting from your access to or use of the content; (iii) any unauthorized access to or use of our servers or of any personal information or user data; (iv) any interruption of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the Site by any third party; or (vi) any loss or damage of any kind incurred as a result of the use of any content posted or shared on the Hansen Media Site.
To the maximum extent permitted by applicable law, in no event will we be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including loss of data) or for the cost of obtaining substitute products arising out of or in connection with this agreement, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we’ve been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under this agreement, from all causes of action and all theories of liability, will be limited to and will not exceed the fees you have actually paid us during the twelve (12) months preceding the claim giving rise to such liability.
You understand and agree that we have entered into this Agreement with you in reliance upon the limitations of liability set forth in this Agreement, which allocate risk between us and form the basis of a bargain between us.
You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of this Agreement by you or anyone using your user account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
14 OTHER PROVISIONS
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether Section 13 (Arbitration Agreement and Waiver of Certain Rights) can be enforced and how it should be interpreted. Apart from this, this Agreement will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to this Agreement with Hansen Media will be filed only in the state or federal courts located in Oregon. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of this Agreement will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
15 CHANGES TO THIS AGREEMENT
From time to time, we may change this Agreement. If we change this Agreement, we will give you notice by posting the revised Agreement on our website or by other reasonable means. Those changes will go into effect on the “Last Updated” date shown at the top of this Agreement. By continuing to use the Hansen Media Site, you are agreeing to be bound by the revised Agreement.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK OUR WEBSITE FOR ANY CHANGES TO THIS AGREEMENT.