Thank you for your interest in using the online information sharing service (the “Service”) operated by Hull Media, Inc. (“Hull Media”) and offered through the Hull Media Web site located at http://www.WereYouThere.com (the “Site”). These Terms of Service (“Terms”) govern your use of the Service and the Site (collectively, the “WereYouThere Network”). Please read these Terms carefully. By using the WereYouThere Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the WereYouThere Network.

1. Your Responsibilities. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the WereYouThere Network and for paying all charges related thereto. When you register to become a member of the WereYouThere Network, Hull Media collects certain personal information about you. You agree that Hull Media may use any information Hull Media obtains about you in accordance with the provisions of the WereYouThere Network Privacy Policy. You agree: (a) to provide true, accurate, current, and complete information as prompted by the registration form; and (b) to maintain and update such information to keep it true, accurate, current, and complete at all times. In addition, you agree not to use the WereYouThere Network: (a) to violate any local, state, national, or international law or regulation; (b) to transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) to engage in any commercial activities; (e) to transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) to stalk, harass, or harm another individual; (g) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (h) to interfere with or disrupt the WereYouThere Network or servers or networks connected to the WereYouThere Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the WereYouThere Network.

2. Your Submissions. Hull Media does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the WereYouThere Network (collectively, “User Submissions”). As between Hull Media and you, you own all rights to your User Submissions. However, you grant to Hull Media and Hull Media’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, create derivative works of, publish, translate, publicly perform, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed. Hull Media reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Hull Media does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions. Hull Media is not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. Hull Media is not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and Hull Media’s authorized use thereof do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

3. Your Right to Non-Commercial Use of User Submissions of Others. Hull Media wishes to encourage non-commercial use of the archive of User Submissions on the WereYouThere Network by students, educators, researchers, historians and other users of the WereYouThere Network. Subject to the restrictions set forth in this Section 3, Hull Media therefore grants registered users of the WereYouThere Network a worldwide, royalty-free, non-exclusive, world-wide license to: (a) reproduce any User Submission of any other user posted on the Site (each, an “Other Submission”); (b) reproduce the Other Submission, incorporate the Other Submission into one or more collective works, and reproduce the Other Submission as incorporated into any collective work; (c) create and reproduce derivative works of the Other Submission; (d) distribute copies of, display publicly, and perform publicly the Other Submission (including as incorporated into one or more collective works); and (e) distribute copies of, display publicly, and perform publicly any derivative work of the Other Submission. The license granted in this Section 3 (the “License”) is expressly made subject to and limited by the following restrictions: (i) you may distribute, publicly display, or publicly perform the Other Submission only under the terms of the License; (ii) you may not exercise any of the rights granted to you under the License in any manner that is intended for or directed toward any commercial purpose; (iii) you may not sublicense the Other Submission; (iv) if you have any doubt as to whether any content on the WereYouThere Network qualifies as an Other Submission, you may not exercise the rights set forth in the License unless you have contacted Hull Media and have received written confirmation (which, for this purpose, shall include e-mail confirmation) that such content is, in fact, an Other Submission; and (iv) if you distribute, publicly display or publicly perform the Other Submission (whether alone or as part of a collective work) or any derivative work of the Other Submission, you must provide, reasonable to the medium or means you are utilizing, a credit that such Other Submission is sub-licensed to you by Hull Media, Inc. and the URL for the Web page on the Site on which the Other Submission is displayed. You may only use the credit required by this Section 3 for the purpose of attribution in the manner set out above and, by exercising your rights under the License, you may not assert or imply any connection with, sponsorship by, or endorsement by Hull Media of you or your use of the Other Submission. All rights not expressly granted by Hull Media are hereby reserved. The License and the rights granted thereunder will terminate automatically upon any breach by you of the terms of the License or upon termination of your WereYouThere Network membership under Section 5 of these Terms. For the avoidance of doubt, nothing in this Section 3 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.

4. Copyright Infringement. Hull Media respects the intellectual property rights of others. Accordingly, Hull Media has a policy of removing User Submissions that violate copyright law, suspending access to the WereYouThere Network (or any portion thereof) to any user who uses the WereYouThere Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the WereYouThere Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Hull Media has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the WereYouThere Network, please provide written notice to the following Hull Media agent for notice of claims of copyright infringement.

Jonathan Hull
Hull Media, Inc.
250 Camino Alto, Suite 140
Mill Valley, CA 94941
Tel: (415) 383-1944
Fax: (415) 383-1914
Email: infringement@wereyouthere.com

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Hull Media to locate that material; (d) contain adequate information by which Hull Media can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to Hull Media’s designated agent.

5. Termination. Hull Media may terminate your WereYouThere Network membership or suspend your access to all or part of the WereYouThere Network, without notice, if you violate these Terms or you engage in any conduct that Hull Media, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Hull Media, any other WereYouThere Network user, or any third party. YOU AGREE THAT HULL MEDIA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE WEREYOUTHERE NETWORK (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the WereYouThere Network at any time.

6. Modifications To Terms. Hull Media may, in its sole and absolute discretion, change these Terms from time to time. Hull Media will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the WereYouThere Network. Continued use of the WereYouThere Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

7. Modifications To WereYouThere Network. Hull Media reserves the right to modify or discontinue the WereYouThere Network with or without notice to you. YOU AGREE THAT HULL MEDIA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD HULL MEDIA EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE WEREYOUTHERE NETWORK.

8. Fees. Hull Media reserves the right at any time to charge fees for access to new WereYouThere Network content or services or to portions of the existing WereYouThere Network content or services or to the WereYouThere Network as a whole. For example, Hull Media may offer users of the WereYouThere Network the opportunity to pay fees in exchange for increased storage capacity on Hull Media’s servers. In no event will you be charged for access to any WereYouThere Network content or service, or to the WereYouThere Network as a whole, unless Hull Media obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Unless such details state otherwise, you will not be entitled to a refund of any fees you have paid. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.

9. Password and Security. You are responsible for maintaining the confidentiality of your WereYouThere Network password, and you are solely responsible for all activities that occur under your password. You agree to notify Hull Media immediately of any unauthorized use of your password or any other breach of security related to the WereYouThere Network. Hull Media reserves the right to require you to alter your password if Hull Media believes that your password is no longer secure. YOU AGREE THAT HULL MEDIA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.

10. Links. Hull Media’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Hull Media’s endorsement of such other Web site or resource or its contents. YOU AGREE THAT HULL MEDIA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

11. No Commercial Use. You may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, use to operate a Web site or otherwise generate income from the WereYouThere Network.

12. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE WEREYOUTHERE NETWORK IS AT YOUR SOLE RISK. THE WEREYOUTHERE NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HULL MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEREYOUTHERE NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). HULL MEDIA MAKES NO WARRANTY THAT THE WEREYOUTHERE NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE WEREYOUTHERE NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS AND PHOTOGRAPHS) STORED BY YOU OR OTHERS ON THE WEREYOUTHERE NETWORK IS NOT GUARANTEED AND THAT HULL MEDIA SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE WEREYOUTHERE NETWORK OR ITS UNAVAILABILITY. HULL MEDIA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEREYOUTHERE NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEREYOUTHERE NETWORK, OR THAT DEFECTS IN THE WEREYOUTHERE NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEREYOUTHERE NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HULL MEDIA OR THROUGH THE WEREYOUTHERE NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13. Limitation of Liability. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HULL MEDIA OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE WEREYOUTHERE NETWORK.

14. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Hull Media may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Hull Media’s liability shall be the minimum permitted under such applicable law.

15. Indemnification. You agree to indemnify, defend, and hold harmless Hull Media, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Hull Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Hull Media’s defense of such claim.

16. Trademarks. “Were You There,” “Chances are, you weren’t alone,” the WereYouThere design, as well as certain other of the names, logos, and materials displayed in the WereYouThere Network constitute trademarks, trade names, service marks or logos (“Marks”) of Hull Media or other entities. You are not authorized to use any such Marks unless Hull Media has provided you prior written permission to do so. Ownership of all such Marks and the goodwill associated therewith remains with Hull Media or those other entities.

17. Copyrights; Restrictions on Use. The content on the Site (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Hull Media or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Hull Media and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. Hull Media will be deemed to have granted you prior written permission to exercise the rights granted to you in the License set forth in Section 3 of these Terms.

18. Miscellaneous. These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that Hull Media makes available through the WereYouThere Network and any additional terms to which you agree when using particular elements of the WereYouThere Network (e.g., terms relating to the payment of fees for certain WereYouThere Network content or services), constitute the entire and exclusive and final statement of the agreement between you and Hull Media with respect to the subject matter hereof, and govern your use of the WereYouThere Network, superseding any prior agreements or negotiations between you and Hull Media with respect to the subject matter hereof. These Terms and the relationship between you and Hull Media shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the WereYouThere Network shall be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Hull Media to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Hull Media and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the WereYouThere Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 11 through 18 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the WereYouThere Network.