Terms of Use
Revised June 7, 2021
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site (as defined below), you signify your agreement to the terms and conditions (the "Terms") as outlined below.
"eMediaVA" is an online educational service offering media resources appropriate for PreK-14 curriculums, for use in classrooms, home schools, and informal educational environments, such as after-school, community facilities, and museums (the "Service"). This eMediaVA site (including all services, functionality and content available through the http://www.emediava.org, collectively, the "Site") is owned and operated by WHRO Public Media (collectively, "we," "us," or "our"). The Terms set forth herein apply to all information, online communications, services, text, video, audio files, graphics, still images, links, or other material and content that is or becomes available on the Site or is otherwise offered for the Service (collectively, "Content"). By accessing or using the Site, you specifically agree to abide by these Terms and any modifications thereto.
1. Account Creation
Certain components, portions, features, or services available on the Site may only be accessible and used after creation of an account. Your account creation may be initiated by your school or division administrator. In many instances, your school or division administrator may have already created an account on your behalf, or has enabled a Single Sign-On (SSO) integration through a third-party account management or learning management service your school division uses. If you have any questions about your account management related to a Single Sign-On (SSO) service, please contact your school division administrator.
To see if your school division has active accounts in eMediaVA, please visit https://www.emediava.org/selectschool. You are responsible for maintaining the confidentiality of your password and login name, and are solely responsible for all activities that occur with your password and login name. You must immediately notify us of any unauthorized use of your account or any other breach of security. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to such unauthorized use. You are responsible for obtaining access to the Site, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. Restrictions on Use of Site and Content
This Site and the Content therein may be used for bona fide non-commercial educational purposes only. You may not use this Content in a defamatory or derogatory manner. In addition, you may not use this Content for or in any commercial or for-profit manner without the prior written consent of WHRO Public Media. For clarity, this means the Content may not be used in any commercial tie-in (i.e., use of the content in connection with marketing merchandise or services and/or in connection with premiums or promotions, or use of the Site or Content in order to gain advertising or subscription revenue), you may not charge anyone for this content (e.g., charge for access to the Site or Content), you may not incorporate this content into a product that you sell for profit (e.g., selling ads on another site targeted to the Site or Content), you may not use the content to advertise or promote a product, nor may you use the content in any other manner that may be construed as an endorsement, express or implied, of any party, product, or other entity. Furthermore, you may not create, recreate, distribute, or advertise any of the Content unless authorized by WHRO Public Media in writing. You may not build a business utilizing the Content or Site, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, artwork, layout, interface, logos, links, photographs, audio files, video, and still images.
You may not remove, copy, alter, reproduce, modify, create derivative works of, republish, post, publicly perform, publicly display, broadcast, download, transmit, distribute, license, or commercially exploit, in whole or in part, the Content or this Site, except as expressly permitted by these Terms or by the respective content owner as indicated in any end user license agreement that accompanies such Content. We reserve all rights not expressly granted in and to the Site and the Content.
You may not circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content. You further agree not to reverse engineer or jeopardize the correct functioning of the Site or attempt to gain access to secured portions of the Site to which you do not possess access rights.
You may not collect or harvest any personally identifiable information from the Site, nor use the communications system provided by the Site (e.g., comments) for any commercial solicitation purposes. You may not use the Site to generate unsolicited email advertisements or spam, or to conduct or promote any illegal activity.
3. Permitted Uses of Content
Content on the Site is made available to Site users under four levels of non-commercial, educational permitted uses as described in Sections 3.1 through 3.4 below. You may only copy, download, share, and/or modify the Content on the Site as designated. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- Stream Only — You are permitted only to stream the Content from the Site. You may save links to this content in your eMediaVA account and you may also incorporate html links to the URLs of the Resource Pages for this Content. You are not permitted to download this Content.
- Download to View ("Download") — You are permitted to download the Content to view it on your computer or other digital video device for your own personal use. You may not modify, redistribute, reproduce, edit, retransmit, or in any way repurpose the Content. When you download the Content, an attribution file will download along with the Content (together, the "Download Package"). Your use of the Content must conform to restrictions indicated in the Download Package. Read the full license.
- Download for Verbatim Use ("Download and Share") — You are permitted to download the Content, make verbatim copies of the Content, incorporate the Content unmodified into a presentation (such as a PowerPoint, an essay, or Web page) (collectively, "Presentations"), and distribute verbatim copies of the Content, but you may not edit or alter the Content or create any derivative works of the Content (other than Presentations as described above). You must attribute the Content as indicated in the Download Package. Read the full license.
- Download to Re-edit and Distribute ("Download, Share, and Modify") — You are permitted to download, edit, distribute, and make derivative works of the Content. You must attribute the Content as indicated in the Download Package. Read the full license.
Support Materials: The Content may include certain ancillary educational materials, such as lesson plans, background essays, student activity sheets, and other printouts. ("Support Materials"). You may modify, alter, and revise certain designated Support Materials to meet specific instructional needs, provided that the following statement is prominently displayed on all such revised Support Materials, in addition to any other proprietary notices, and with the understanding that WHRO Public Media, or any other indicated copyright holder shall continue to own the Support Materials: "Revised in accordance with the permission of WHRO Public Media (or other copyright holder) as set forth on the relevant learning resource page. WHRO Public Media (or other indicated copyright holder) is not responsible for the content or accuracy of any such revision(s)."
4. Attribution and Citations
In the event of any permitted copying, redistribution or publication of copyrighted material, you must keep intact all proprietary and copyright notices on the Content, and shall include proper attribution for all Content used in any presentation or derivative work you create with the Content. Watermarks, title names, and producer information within video content may not be changed, edited, removed or obstructed. Unless otherwise noted on the Content, reference to eMediaVA as the source of the Content is required for all Content including video clips, video stills, images, and lesson plans. Examples of proper citation format for video and images will be included as part of the Download Package that accompanies the resource.
5. Conflicts
The Download Packages on the Site (described in Section 3) are made available under the specific terms of a license agreement. Where any matter contained in these Terms or elsewhere on this Site may be read so as to alter, amend or supersede any part of such license agreement, then the license agreement shall be taken to be the definitive and overruling part of this agreement.
6. Copyrights
As between you and WHRO Public Media, all rights including copyrights, in this Site and its contents, including all text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips, any after-sales material, and supporting materials are owned by or licensed to WHRO Public Media, its content contributors and partners, or otherwise used by us as permitted by applicable law or agreement.
7. Trademarks
Unless otherwise noted, all trademarks, service marks, and trade names are proprietary to WHRO Public Media. Nothing contained herein shall be construed as conferring to you any license or right under any trademark or patent of WHRO Public Media, and its content contributors and partners.
8. Users' Obligation to Abide By Applicable Law
In connection with the use of the Site, you shall not engage in conduct or publish information which would infringe upon or injure the personal or property rights of any individual, group, or entity, including but not limited to defamation, harassment, invasion of privacy, tort, or disclosure of confidential or trade secrets. Furthermore, you shall not violate any law or treaty or intellectual property rights protected by law (such as copyright, patent and trademark rights). You acknowledge that the Content and materials available on the Site include intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
9. Disclosure of Online Communications
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of WHRO Public Media may, in the course of their regular duties, have access to communications required by law. WHRO Public Media may also disclose any communications to the extent permitted or required by law.
10. Rogue Programming and Viruses
WHRO Public Media is not responsible for any computer virus, trojan horse, timebomb, worm, or any other rogue programming ("Rogue Programming") that may be contained in any of the Content, material or software contained on the Site. We have no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Content on the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. You agree not to post, transmit, or make available in any way through the Site any software or other materials that contain Rogue Programming.
11. Disclaimer of Warranties
The Site, the Content and other material on the Site are provided on an "As Is" basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. We do not warrant that any Content is complete or accurate, that the Site will be uninterrupted or error free, or that any Content or material is free of Rogue Programming.
12. Limitation of Damages
Under no circumstance, including negligence, shall we be liable for any indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use the Site, including without limitation use of or reliance on Content available on the Site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of Content, disclosure of communications, or any other failure of performance. Under no circumstances will our liability for any damages hereunder exceed $1,000.00 for any incident giving rise to such liability.
13. Release and Indemnity
Though we expect all users to adhere to our content policies in these Terms, you may be exposed to content that violates our policies or is otherwise offensive through the use of the Site. Your use of the Site is at your own risk. You agree that we are not liable for content that is provided by others. We take no responsibility for your exposure to content on the Site whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our beliefs. You hereby release and waive any and all claims and/or liability against each of WHRO Public Media and our employees, officers, trustees, affiliates, and/or licensors, arising from or in connection with your use of the Site, the Content and/or any other material on the Site. You also agree to defend, indemnify, and hold harmless each of WHRO Public Media and our employees, officers, trustees, affiliates, and/or licensors from and against any and all third-party claims or liability, including costs and attorneys’ fees, arising from or in connection with your use of the Site, the Content and/or any other material on the Site, or failure to abide by applicable law.
14. Modifications
These Terms and the Content may be revised, amended, or supplemented by WHRO Public Media without notice at any time for any reason. Continuing to use the Site after a change has been made will signify your acceptance of the changes. You should refer back to this page for future updates.
15. Privacy Policy
The Site's Privacy Policy provides additional terms and conditions that apply to your use of our Site. If you do not agree to the conditions therein, you should not use the Site.
16. Other
These Terms will be governed by and interpreted in the English language pursuant to the laws of the Commonwealth of Virginia, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason, unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
eMediaVA License
Full License for Section 3(B) of Terms of Use
Download: View Only / No Distribution / Non-Commercial / No Derivatives
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS DESCRIBED BELOW IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions.
- "Collective Work" means a work, such as a periodical issue, anthology, encyclopedia, essay, or presentation in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
- "Derivative Work" means a work based on the Work, or on the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
- "Educational Purpose(s)" means (i) for the primary purpose of learning or teaching in both formal and informal educational settings, (ii) use by educators or students in classrooms, libraries, schools, and at home, and/or (iii) the presentation of materials to an individual or a group for the purpose of learning or teaching.
- "Licensor" means the WHRO EDUCATION.
- "Original Author" means the individual or entity who created the Work as set forth in the attribution file which accompanies the downloaded Work.
- "Term" means the period commencing on the date You initially download the Work and ending upon the expiration date (the "Expiration date") set forth in the attribution file which accompanies the downloaded Work, unless earlier terminated by Licensor pursuant to Section 7(a) below or extended pursuant to Section 8(b).
- "Work" means the copyrightable work of authorship offered under the terms of this License.
- "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights.
Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant.
Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, free, non-exclusive license to download and view the Work on your computer or other digital video device, solely for Educational Purposes during the Term. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions.
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
- You may not re-distribute, publicly display, or publicly perform (digitally or otherwise) the Work.
- You may not exercise any of the rights granted to You in Section 3 above in any manner that is for or directed toward commercial advantage or private monetary compensation.
- You may not edit, modify, copy, reproduce, or republish the Work.
- You may not exercise any of the rights granted to You in Section 3 above for any purpose other than an Educational Purpose.
- You may not create Derivative Works, nor incorporate the Work into a Collective Work.
5. Representations, Warranties and Disclaimer.
UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination.
- This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Collective Works from You under this License, however, will not have their licenses terminated, provided such individuals or entities remain in full compliance with this license. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
- Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect until the Expiration Date unless earlier terminated as stated above.
8. Miscellaneous
- Each time You distribute or publicly perform (digitally or otherwise) the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
- Licensor may, in its sole discretion, extend the Expiration Date for the Work. You are encouraged to check back to the Web site for any such changes to the Expiration Date(s).
- If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
- No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
- This License and the eMediaVA Terms of Use constitute the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements, or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
eMediaVA License
Full License for Section 3(C) of Terms of Use
Download and Share: Education / Attribution / Non-Commercial / No Derivatives
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS DESCRIBED BELOW IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions.
- "Collective Work" means a work, such as a periodical issue, anthology, encyclopedia, essay, or presentation in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
- "Derivative Work" means a work based on the Work, or on the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
- "Educational Purpose(s)" means (i) for the primary purpose of learning or teaching in both formal and informal educational settings, (ii) use by educators or students in classrooms, libraries, schools, and at home, and/or (iii) the presentation of materials to an individual or a group for the purpose of learning or teaching.
- "Licensor" means WHRO EDUCATION.
- "Original Author" means the individual or entity who created the Work as set forth in the attribution file which accompanies the downloaded Work.
- "Term" means the period commencing on the date You initially download the Work and ending upon the expiration date (the "Expiration date") set forth in the attribution file which accompanies the downloaded Work, unless earlier terminated by Licensor pursuant to Section 7(a) below or extended pursuant to Section 8(b).
- "Work" means the copyrightable work of authorship offered under the terms of this License.
- "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights.
Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant.
Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, free, non-exclusive license to exercise the rights in the Work during the Term solely for Educational Purposes as stated below:
- to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
- to distribute copies or phonorecords of, display publicly, or perform publicly(including by means of a digital audio transmission) the Work including as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions.
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
- You may distribute, publicly display, publicly perform (digitally or otherwise) the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier ("URI") for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform (digitally or otherwise). You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, or publicly perform (digitally or otherwise) the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(c), as requested.
- You may not exercise any of the rights granted to You in Section 3 above in any manner that is for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
- If you distribute, publicly display, or publicly perform (digitally or otherwise) the Work, You must keep intact all copyright notices for the Work or Collective Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author as supplied in the attribution file, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice or attribution file, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; and to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum, such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
- You may not exercise any of the rights granted to You in Section 3 above for any purpose other than a non-commercial Educational Purpose.
- You may not create Derivative Works.
5. Representations, Warranties and Disclaimer.
UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination.
- This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Collective Works from You under this License, however, will not have their licenses terminated, provided such individuals or entities remain in full compliance with this license. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
- Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect until the Expiration Date unless earlier terminated as stated above.
8. Miscellaneous
- Each time You distribute or publicly perform (digitally or otherwise) the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
- Licensor may, in its sole discretion, extend the Expiration Date for the Work. You are encouraged to check back to the Web site for any such changes to the Expiration Date(s).
- If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
- No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
- This License and the eMediaVA Terms of Use constitute the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements, or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
eMediaVA License
Full License for Section 3(D) of Terms of Use
Download, Share, and Remix: Education / Attribution / Non-Commercial
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS DESCRIBED BELOW IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions.
- "Collective Work" means a work, such as a periodical issue, anthology, encyclopedia, essay, or presentation in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
- "Derivative Work" means a work based on the Work, or on the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
- "Educational Purpose(s)" means (i) for the primary purpose of learning or teaching in both formal and informal educational settings, (ii) use by educators or students in classrooms, libraries, schools, and at home, and/or (iii) the presentation of materials to an individual or a group for the purpose of learning or teaching.
- "Licensor" means WHRO EDUCATION.
- "Original Author" means the individual or entity who created the Work as set forth in the attribution file which accompanies the downloaded Work.
- "Term" means the period commencing on the date You initially download the Work and ending upon the expiration date (the "Expiration date") set forth in the attribution file which accompanies the downloaded Work, unless earlier terminated by Licensor pursuant to Section 7(a) below or extended pursuant to Section 8(b).
- "Work" means the copyrightable work of authorship offered under the terms of this License.
- "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights.
Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant.
Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, free, non-exclusive license to exercise the rights in the Work during the Term solely for Educational Purposes as stated below:
- to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
- to create and reproduce Derivative Works;
- to distribute copies or phonorecords of, display publicly, or perform publicly(including by means of a digital audio transmission) the Work including as incorporated in Collective Works;
- to distribute copies or phonorecords of, display publicly (including by means of a digital audio transmission), or perform publicly(including by means of a digital audio transmission)Derivative Works;
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