UPLOADWICHITA.COM TERMS OF USE AGREEMENT

Welcome to the UploadWichita.Com website (the "Site"), which includes all of the pages and associated content (as may be modified from time to time) under the domain name uploadwichita.com. The site is owned and operated by The Wichita Metro Chamber of Commerce (the "Company") for use by users and visitors (each a "User") of the Site. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, BROWSING, OR USING THE SITE AS ACCESSING, BROWSING, OR USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.

1. Agreement to Terms. By using the Site, User agrees to this UploadWichita.Com Terms of Use Agreement (this "Agreement"). Additionally, when User uses particular portions of the Site, User may be subject to guidelines or rules applicable to that portion as may be posted from time to time, which are incorporated into this Agreement. By entering into this Agreement, User agrees that User is over the age of 18 and capable of entering into a binding agreement. Without limiting the foregoing, the Site may not be used or viewed by anyone 13 years of age or younger. If you do not agree to this Agreement or any provisions incorporated into this Agreement, please do not use the Site.
2. Modifications to Terms. The Company reserves the right, in its sole discretion, to change, modify, add, or remove this Agreement, the Site, or any portion of them at any time. Please check this Agreement periodically for changes. User's continued use of the Site after such changes constitutes User's agreement to abide by those changes.
3. Company Rights. All information and content available on or through the Site, except User Content (as defined below), including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "Company") is the property of the Company or its affiliates or licensors and is protected by U.S. and international copyright and other laws. Unauthorized use of the Company may violate copyright, trademark, and other laws. User may not sell or modify the Company or reproduce, display, publicly perform, distribute, or otherwise use the Company in any way for any public or unauthorized purpose. The use of the Company on any other website or in a networked computer environment for any purpose is prohibited. User shall not copy or adapt the HTML or other code that the Company creates to generate any Company Content or the pages making up the Site, which is also protected by the Company's copyright and other rights.
4. Use of Site. Agreement to this Agreement allows the User to view the portions of the Site that are generally available to the public and to stream (the contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User) or download such portions (but only as strictly necessary to aid in the viewing of the Site and only if all copyright and other proprietary notices are duplicated) solely for the User's non-commercial information or personal uses, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company also offers the ability for Users to upload and store or link from third party sites text, videos, and photographs (collectively, the "User Content") through the Site. The User may be required to submit information associated with posting or linking of User Content. The User shall only provide true and accurate information. Additional terms and restrictions applicable to User Content are specified in this Agreement. Except as stated above, no other right or license is granted to a User for the Site, the Company Content, or the User Content, and any other use is strictly prohibited.
5. User Content. Without limiting any other provision of this agreement, the following provisions apply to User Content:
   1. Users may upload and store or link from third party sites textual content, video content, and photographs through the Site. User represents, warrants, and agrees not to upload or link from third party sites material that is protected by U.S. and international copyright, trademark, and trade secret laws, and privacy, publicity, or other rights of any third party, unless User is the sole owner of such material or has the necessary consent of the owners to reproduce, display, publicly perform, prepare derivative works of, distribute and otherwise use the material and grants the Company all of the license rights granted herein.
   2. User grants the Company a worldwide, non-exclusive, royalty free, sublicensable and transferable license to reproduce, display, publicly perform, prepare derivative works of, distribute, and otherwise use the User's User Content in association with the Site and the Company's business, including, without limitation, for promoting and redistributing the Site in any media format or channel. User also grants each other User of the Site a non-exclusive license to access the User's User Content through the Site and to reproduce, display, publicly perform, distribute, or otherwise use the User Content as permitted under this Agreement. The above-granted licenses terminate within a reasonable time upon removal of the User Content from the Site or the third party site through which the User Content may be linked, although the Company may retain, but not display, distribute, or perform, server copies of User Content that have been so removed.
   3. User Content may be stored on the Company's servers. You have no expectation of privacy or confidentiality with respect to User Content. The Company may delete or disable access to any User Content at any time in its sole discretion and without notice. User agrees that the Company has no responsibility or liability for the deletion, corruption, or failure to store any User Content or other data or information stored on the servers.
   4. The Company is not responsible for and the User assumes all risk with respect to the use of the Site and the content of the Company Content and User Content, including without limitation, any Viruses (as defined below). The Company has no obligation to monitor User activity or the content of User Content, although it reserves the right to do so in its sole discretion. The User Content may contain explicit or offensive materials. The Company, in its sole discretion, may take any action with respect to the User Content, including, without limitation, accessing, reading, preserving, disclosing, removing, or refusing to distribute the same, to (1) satisfy any applicable law or government order; (2) enforce this Agreement or investigate the potential violation of the Agreement; (3) detect, prevent, or otherwise address acts of fraud or security or technical issues; (4) protect the rights, property, or safety of the Company or any person or preserve the foregoing from liability; and (5) exercise any other right or remedy available to the Company.

6. Prohibited Activities.
   1. As a condition of the use of the Site, Users will not use the Site for any purpose that violates any law, rule, regulation, or ordinance or that is prohibited by this Agreement, which includes, without limitation, in any way that violates the copyright, trademark, trade secret, privacy, publicity, or other rights of any third party.

   2. No User Content or actions through the Site may be pornographic or sexually explicit content; show dangerous or illegal acts, like animal abuse, drug abuse, or bomb making; be graphic or show gratuitous violence; contain hate speech which contains slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, race, religion, or nationality; engage in predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of someone's personal information.

   3. Users may not (1) use the Site in any manner that could damage, disable, overburden, or impair the Site (or the computer systems or network(s) connected to or used in association with the Site) or interfere with any other person's use and enjoyment of the Site; (2) attempt to gain unauthorized access to the Site, any protected portion of the Site, other accounts, or the computer systems or networks connected to the Site, including, without limitation through hacking, password mining, or any other means; (3) obtain or attempt to obtain any User Content or other materials or information through any means not intentionally made available to the User through the Site; (4) navigate, search, link, or locate Company or User Content other than through the navigational methods or functions of the Site; (5) transmit files that contain viruses, Trojan horses, worms, corrupted files, or any other software, programs, or code that may damage the operation of the Site, computer systems or networks connected to the Site, or another's computer or the data or property of another (a "Virus"); or (6) use framing, in-line links, or other techniques to enclose or display any trademark, logo, content or other information (including, without limitation, the images found in the Site, the content of any text, or the layout/design of any page of form contained on a page) of the Site; or (7) use of any meta tags or other "hidden text" utilizing any name or trademark of the Company.

7. Use of Information. Except as otherwise provided in any other terms that the Company may enact in the future, the Company may collect information concerning and identified to the User and the User's use of the Site through any lawful means, including but not limited to, by tracking the User's progress through or access to the Site, through information submitted by the User, by collecting information concerning the User's computer system accessing the Site, or by placing "cookies" or other information on your computer system. You agree that the Company may use any information it collects for any lawful means, which may include, without limitation, to conform to legal requirements or comply with legal process, to protect and defend the rights or property of the Company or their affiliates, or enforce this Agreement or any other agreement with the Company.
8. DMCA Complaints.
   1. Policy. It is the Company's policy to respond to notices of alleged infringement in compliance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. It is the Company's policy to document all notices of alleged infringement on which the Company acts. If the Company determines that the User is a repeat infringer, the Company will terminate the User's access to the Site. Please note that the User may be liable for damages (including costs and attorneys' fees) if the User materially misrepresents that a product or activity is infringing or not infringing the copyrights of others.
   2. Notice. To file a notice of infringement with the Company, a claimant must provide a written communication (by fax or regular mail—not by email, except by prior agreement) that: (1) identifies in sufficient detail the copyrighted work that the claimant believes has been infringed; (2) identifies the material that the claimant claims is infringing the copyrighted work the claimant listed, including any file name, message ID, and/or URL of such material; (3) provides information reasonably sufficient to permit the Company to contact the claimant (email address is preferred); (4) includes the following statement: "I have a good faith belief that use of the materials complained of is not authorized by the copyright owner, its agent, or the law;" (5) includes the following statement: "This notification of infringement is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;" (6) is signed by the claimant; and (6) is sent to the address or number written below.
   3. Counter Notice. The User subject to an infringement complain who has had the User's User Content removed or disabled from the Site may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When the Company receives a counter notification, the Company may reinstate the material in question. To file a counter notification, the User must provide a written communication (by fax or regular mail—not by email, except by prior agreement) that: (1) identifies the specific file names, message IDs, and/or URLs of material that the Company has removed or to which the Company has disabled access; (2) includes the User's name, address, telephone number, email address, and a statement that the User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Kansas, if your address is outside of the United States), and that the User will accept service of process from the person who provided notification to the Company of infringement or an agent of such person; (3) includes the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;" (4) is signed by the User; and (5) is sent to the address or number written below.

   When the Company receives a counter notification, it may send a copy of the counter notification to the original claimant and inform the original claimant that the removed material may be replaced, or access to it may be restored, within ten (10) business days, unless the copyright owner files an action seeking a court order against the User of the User Content removed or disabled.

   4. The Company's designated Copyright Agent to receive notifications of claimed infringement and counter notifications is: _________________, fax: (___) ___-_____. User acknowledges that the failure to comply with all of the requirements of this section may invalidate any DMCA notice.

9. DISCLAIMERS. THE COMPANY CONTENT, USER CONTENT, AND SERVICES PROVIDED IN AND THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE COMPANY DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE SITE OR ANY CONTENT DOES NOT CONTAIN INACCURACIES OR ERRORS, THAT DEFECTS WILL BE DISCOVERED OR CORRECTED, OR THAT THE SITE, ANY CONTENT, OR COMPUTER SYSTEMS USED IN ASSOCIATION WITH THE SITE ARE NOT FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES THE COMPANY MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OF THE SITE OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. The Site may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site. The Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Sites or their operators. Linked Sites may contain their own terms and conditions, and the User agrees to read and abide by these at the User's own risk.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND/OR THEIR EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR PORTIONS THEREOF, OR FOR ANY USER CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. The User's sole and exclusive remedy for any dissatisfaction with the Site or any portion thereof or with this Agreement is to discontinue using the Site, or, in the case of a User who's copyright rights have been violated, to follow the procedures set forth in Section 7 of this Agreement. USER AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED BY USER WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The Site involves providing information through User Content obtained from third party sources. The Company does not screen or censor the User Content to confirm their accuracy. As a result, the Company has no control over the truth or accuracy of the User Content or the defamatory, slanderous, or otherwise illegal content in any User Content. Use of the User Content is at the User's sole risk.

11. Exclusion. Some states or jurisdictions do not allow certain disclaimers or the exclusion or limitation of certain liability, and to the extent applicable (but only to the extent strictly required by law), the above disclaimers, exclusions, and limitations do not apply.
12. Termination. The Company reserves the right, in its sole discretion, to terminate a User's access to the Site or any portion of the Site at any time without notice. Upon termination of a User's access to the Site or any portion of the Site, the User's right to use the Site or such portion of the Site immediately ceases, and the Company may remove and/or destroy any content or other information associated with the User, or elect to retain the same, at the Company's sole discretion. Notwithstanding the expiration or termination of this Agreement, the obligations and rights described in Sections 3, 5, 6, 7, 8, 9, 10, 12, and 13 shall survive.
13. General.
    1. Choice of Law and Venue. This Agreement is governed by the laws of the State of Kansas, U.S.A., and, as applicable, the federal laws of the U.S.A., without regard to its rules governing conflicts of laws. All other laws and treaties are expressly rejected. Any dispute arising out of or related to this Agreement, the use of the Site or any portion thereof shall be brought exclusively in a court sitting in Wichita, Kansas, U.S.A., and the User irrevocably consents to the exclusive jurisdiction and venue of such courts, provided, however, that the Company may seek equitable relief or enforce any award in any court of competent jurisdiction.
    2. No Relationship. The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and the Company as a result of this Agreement.
    3. Indemnity. The User agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by the User or any third party due to or arising out of or related to the User Content or User's use of or conduct on the Site.
    4. Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement shall continue in effect.
    5. Form. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    6. No Waiver. The Company's failure to act with respect to a breach does not waive the Company's right to act with respect to subsequent or similar breaches.
    7. No Assignment. User may not assign or transfer any right or obligation under this Agreement and any attempt to the contrary is void.
    8. Integration. This Agreement and such other terms referenced and incorporated into this Agreement constitute the entire agreement between the User and the Company with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.