Capitol Hub Terms of Use

Effective as of June 5, 2009

The following describes the terms under which Hudson Street Media LLC and CapitolHub.com (“Capitol Hub,” “we,” or “us”) provides the Capitol Hub websites including the website located at http://capitolhub.com (collectively the “Capitol Hub Service” or simply “Service”).

INTRODUCTION

By using the Service, you accept the Capitol Hub Terms of Use and the following terms, conditions, and policies, including any future amendments (collectively, the “Agreement”):

Privacy Policy
Copyright Policy

Changes and Modifications. Capitol Hub reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become effective thirty (30) days after they have been posted to this site or Capitol Hub has otherwise notified you of the change. Though Capitol Hub may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version of this Agreement, which is always available from a link on our homepage. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, Capitol Hub grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Links To Other Sites. The Service may contain links to other affiliated or independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Capitol Hub’s control, and Capitol Hub is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DESCRIPTION OF SERVICES

General Description. The Capitol Hub Service allows you to post video content to the http://capitolhub.com website, share that content with other users, and view and comment on content submitted to Capitol Hub by other users. Capitol Hub is the only non-partisan site dedicated to bringing you high-quality governmental and political video content from a variety of professional sources. While excellent content is often lost on other video sites, the Capitol Hub Service’s focus on useful, high quality, politically oriented programming builds value for both viewers and content creators.

Adults Only. The Capitol Hub Service is intended for adults only. You must be 18 years of age or older to use the Capitol Hub Service, the http://capitolhub.com website, create a user account with Capitol Hub, or engage in any of the surveys, contests, or other programs offered by Capitol Hub. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), Capitol Hub will never knowingly solicit, nor will it accept, personally identifiable information from users known to be under thirteen (13) years of age. Please see our privacy policy for additional information or for how to notify us of any concerns you may have in this regard.

CONDITIONS OF USE AND USER CONDUCT

As a condition of use, you agree to the following:

You acknowledge that the Service is for personal non-commercial use only. You agree that you will not use the Service for any commercial purposes.
Certain features of the Service permit or require you to open an account (including setting up a user name and password) at CapitolHub.com. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to immediately notify Capitol Hub of any unauthorized use of your account or password, or any other breach of security.
You must not use the Service to harass, threaten, impersonate, or intimidate anyone.
You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You must not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.
You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

CONTENT

The Service allows you to upload, transmit, publish, comment on, link to, and disseminate videos and other content (“User Content”) to contribute to public discourse on political, societal, and governmental issues. The Service also allows you to share such content through third-party web services such as Digg, Facebook, and Delicious.

When you upload or otherwise provide your own original User Content to or through the Service, you retain ownership of any copyright (and any other rights) you already hold in your User Content. You also represent and warrant that, with respect to all User Content that you upload, transmit, publish, and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such User Content in connection with the Service, and to grant to Capitol Hub the licenses set forth in this Agreement; (b) the User Content will not infringe or otherwise violate the copyright, trademark, or any other right of any third party; and (c) you have the consent, release, and/or permission of each identifiable private citizen (e.g., not public figures, such as the President) depicted in your User Content to upload, transmit, publish and/or disseminate their name and/or likeness through the Service.

When you post your own copyrightable User Content to or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by submitting User Content as set forth above, you hereby do and shall grant to Capitol Hub and its successors, assigns, and third party service providers, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit the content on and in connection with the manufacture, sale, promotion, marketing and distribution of products sold on, or in association with, or for the promotion of, the Service or with any of the distributors of products sold in association with the Service, in any medium and by any means currently existing or yet to be devised. You also hereby do and shall grant to each user of the Service a non-exclusive license to access, view, link to, share, and comment on your User Content.

While Capitol Hub makes User Content available according to the terms of this Agreement, by using the Service, you acknowledge and agree that Capitol Hub does not guarantee access to and/or hosting of User Content that is shared via the Service. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled.

USER CLASSES AND ADVERTISING IN USER CONTENT

Capitol Hub users are divided into four distinct classes (“User Classes”). Your User Class determines whether, and to what extent, Capitol Hub may place advertisements before, during, or after your User Content. Your User Class also determines what tools Capitol Hub makes available to help you share your User Content. By uploading User Content to the Service, you authorize Capitol Hub to place advertisements in your User Content under the following terms:

“Basic” class users are welcome to use any tools provided by Capitol Hub to distribute content using CapitolHub.com. Content submitted by “Basic” class users may have third party advertising displayed before, during, or after each video is played. Please Note: At this time, the Basic user class is currently the only publicly available user class at CapitolHub.com.

“Institutional,” “Professional,” and “Producer” class users may have certain tools available exclusively to them and may enjoy wider distribution than other users. “Institutional” class users will never include third party advertising without additional agreement between the user and Capitol Hub. These user classes are further described in our FAQs. Please Note: These classes are currently available only by invitation, but will be publicly available soon.

COPYRIGHT POLICY

If you believe that Capitol Hub, or any user of the Services, has violated a copyright you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act (“DMCA”) at copyright@capitolhub.com and review our copyright policy for more details on how to properly notify us of a DMCA issue.

CAPITOL HUB’S INTELLECTUAL PROPERTY

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Capitol Hub Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Capitol Hub Content, contained in the Service is owned, controlled, or licensed by or to Capitol Hub, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights. Your User Content (as defined above) is owned by you, and is not Capitol Hub Content.

Except as expressly provided in this Agreement or otherwise permitted by law, no Capitol Hub Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Capitol Hub’s express prior written consent.

VIOLATION OF THIS AGREEMENT - TERMINATION

You agree that Capitol Hub may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. Please note that it is Capitol Hub’s policy to terminate the account of users who repeatedly violate the copyrights of third parties.

If Capitol Hub does take any legal action against you as a result of your violation of this Agreement, Capitol Hub will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Capitol Hub. You agree that Capitol Hub will not be liable to you or to any third party for termination of your access to the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAPITOL HUB AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “CAPITOL HUB AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CAPITOL HUB AND THE CAPITOL HUB AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAPITOL HUB OR THROUGH THE HTTP://CAPITOLHUB.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAPITOL HUB AND THE CAPITOL HUB AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT CAPITOL HUB MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY USER CONTENT MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT CAPITOL HUB AND THE CAPITOL HUB AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE CAPITOL HUB AND THE CAPITOL HUB AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You will indemnify and hold Capitol Hub and/or the Capitol Hub Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Capitol Hub and/or the Capitol Hub Affiliates in connection with any claim arising out of your breach of the Agreement. Capitol Hub reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

GENERAL TERMS

Entire Agreement. This Agreement is the whole legal agreement between you and Capitol Hub. It governs your use of the Service and completely replaces any prior agreements between you and Capitol Hub with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from Capitol Hub and affiliated services.

Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in New York County, New York, and waive any objection to such jurisdiction or venue.

Dispute Resolution. In the event of any controversy or dispute between Capitol Hub and you arising out of or in connection with your use of the Capitol Hub Service, Capitol Hub will attempt, promptly and in good faith, to resolve the dispute. If Capitol Hub is unable to resolve any such dispute within a reasonable time, either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then both you and Capitol Hub may pursue any right or remedy available under applicable law.

Statute Of Limitations. You agree that, regardless of any statue or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Capitol Hub does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. Capitol Hub may assign or delegate all rights and obligations under the Agreement, fully or partially.

Notices. Capitol Hub may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Service. Capitol Hub’s mailing address is 349 Broadway, 3rd Floor, New York, NY 10013. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at support@capitolhub.com or at our mailing address.