TERMS OF USE
Terms of Use
(These Terms of Use may be used under a CC BY 3.0 US license).
Hearsay Culture Media (“HC Media”) has websites and other digital properties to support its mission (the “Websites”). The Websites include https://www.archive.hearsayculture.com/ and https://hearsayculture.com/; and other sites as might be created by HC Media.
By using any of the Websites, you accept and agree to comply with the following terms, which HC Media may change at any time (but which will be found on this page). Giving proper notice to users on the internet of changes in terms of service is notoriously difficult and cumbersome for all involved. Thus, we will not play “gotcha;” we will endeavor to give as much notice as is feasible.
Of course, you can stop using our Websites and Content at any time, for any reason. HC Media similarly reserves the right to suspend or terminate your access to the Content and Websites, and unlike the above, we may do so with or without notice.
Nothing in these Terms are intended to be mysterious or unclear. If you have any questions about these Terms, or you have an issue that you don’t believe is addressed by the below, please email HC Media at legal@hearsayculture.com with your question or concern.
In any email communication listed in these Terms, if you don’t get a response within two weeks of sending, please assume that your communication was not received and resend.
1. Content Ownership
HC Media owns the compilation of content posted on the Websites, which consists of audio, video, text, images, databases, design, logos, code, and software (“Content”). This does not mean that HC Media owns each compilation component, parts of which that may be owned by others and used with their permission, in the public domain, or used in accordance with applicable law (e.g., fair use, see below). Further, HC Media owns some, but not all, of the intellectual property rights in the Content, including copyright.
2. Copyrights
Content on the Websites falls into one of two categories for purposes of your use:
a. Public Domain
As defined by the US Copyright Office, “The public domain is not a place. A work of authorship is in the ‘public domain’ if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.” This Content (like some images) is not protected by copyright and may be used for commercial and noncommercial purposes without permission, fee or restriction via copyright.
HC Media does not guarantee that any Content not marked with a copyright or other rights symbol is free from rights, including copyright and rights held by third parties, or that use of such Content might not be subject to other laws, such as rights of publicity or privacy.
b. Non-Public Domain
As a general matter, absence of copyright symbols associated with Content should be considered subject to copyright and/or other restrictions and may only be used for personal, educational, criticism, scholarship, and other uses consistent with the principles of fair use under Section 107 of the U.S. Copyright Act. All rights not expressly granted herein by the HC Media are reserved, unless the Content is marked with a symbol or notation indicating otherwise (like a Creative Commons mark or text license notification).
Absent express permission or fair use, you may not sell non-public domain Content or sell materials, products, or services that use and incorporate such Content. You are free to use the Content for non-commercial purposes.
You may contact HC Media to seek permission to use Content, but please be aware that some Content may not be available for commercial use at all due to contractual and other restrictions. To the extent possible, HC Media will share information to help you navigate the often confusing copyright permissions process. We will not give legal advice.
If you are seeking permission to include Content subject to copyright in a commercial product or other item of consumer merchandise, please email permissions@hearsayculture.com.
3. Trademarks
The names, titles, trademarks, service marks, and logos that appear on the Websites that include the Hearsay Culture name, logo, or programs operated by HC Media are registered or common law (unregistered) marks owned by HC Media. You may not use the HC Media trademarks to state or imply an association with or endorsement of your goods, services, or activities or in any manner that infringes upon the HC Media trademarks. Requests to use the HC Media trademarks in connection with commercial activities should be made to permissions@hearsayculture.com.
Trademarks of third parties may also appear on the Websites, including in the Content, from time to time. Nothing on the Websites shall be construed as granting any license to use any trademark displayed on the Websites without the express written permission of the trademark owner.
4. Copyright Complaints
Under the Digital Millennium Copyright Act (DMCA), if you have any complaints or objections to Content posted on the Websites because it was not properly credited or it was posted illegally, and you are the copyright owner or represent such owner, please email HC Media’s Designated Agent at legal@hearsayculture.com or write at Designated Agent, Hearsay Culture Media, 2618A Battleground Avenue # 350, Greensboro, NC 27401 with your contact information and a link to the relevant Content. After receiving notice, we may remove or disable access to any infringing material as per the DMCA.
5. Your Responsibilities
You are responsible for your use of the Websites, including compliance with applicable laws.
Your use of the Content and Websites must be for personal use. You agree not to use any Content for public presentation, except where such use would not constitute copyright infringement (i.e., fair use). HC Media grants you a non-exclusive access license to the Content and Websites.
Your use of the Website must comply with HC Media’s Terms of Service and Privacy Policy. Failure to comply can lead to termination of your account, and other remedies as allowed by law.
If you need to register an account to access our Website or Content, keep your account protected by using a strong password and not sharing your password with others.
You must be at least 13 years old to use our Websites. We know that you can lie about your age, but please don’t. Please.
Spammers are bad news. If you use our Website to access, collect, or use personal information about anyone, you agree to do so within legal limits and not to spam. You agree not to sell or distribute personal information collected from the Content or Websites.
6. Third-Party Sites
The Websites may link to or from third-party sites that are not under HC Media’s control. These links are provided as a convenience and for informational purposes only, and they do not indicate HC Media’s endorsement, sponsorship of, or affiliation with the third party or content of the linked site, including any advertisements that may be posted. HC Media has no control over, makes no representation or warranty, and bears no responsibility for the accuracy, legality, or content of third-party sites that link to or from the Websites.
7. Disclaimer
While we endeavor to provide accurate information with integrity, consistent with our mission, HC Media makes no representations of any kind regarding the Websites, the Content or any portion thereof. The Websites and Content are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, copyright ownership and/or non-infringement or other third-party proprietary rights. HC Media shall not be responsible or liable for any damages or losses that may occur to you or any third party based on your use of the Websites and/or the Content. HC Media may update or take down any Website or any Content on a Website at any time.
In other words, in our “hearsay culture,” you need to judge the veracity and reliability of all that you encounter on the internet. We will do our best to meet the high standards identified in this section, but cannot guarantee that we will in all circumstances.
8. Indemnity
You agree to release, indemnify, and hold HC Media harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, remedies, and damages arising from or relating to your use of the Websites and/or any Content.
9. Applicable Law and Jurisdiction
These Terms of Use and any amendments or revisions shall be governed by applicable federal law and the laws of North Carolina, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in the appropriate state or federal court in Guilford County, North Carolina.
If you are in a country that requires agreements to be governed by your local law, this section does not override that requirement.
10. Privacy
By using the Websites, you agree that HC Media may collect, use, and disclose information that you provide as described in the Privacy Statement, at https://hearsayculture.com/privacy-policy/.
