As used in this agreement, “University” means West Virginia University, or any division thereof. “User” means any person who establishes or accesses connection to a University web site for access to and use of the web site (“Site”). “Material” means any text, messages, postings, pictures, drawings, symbols, recordings, including but not limited to sound and video, and any other information whatsoever, regardless of form.
University is providing User with access to and the capability to post and submit Material on its Site. In consideration for this service, User agrees to comply with the terms and conditions set forth herein. Specifically, User shall not upload, submit, post or otherwise make available on the Site any Material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Material is not protected by copyright rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting or posting Material to the Site, User automatically grants, or warrants that the owner of such Material has expressly granted University the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such Material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Material. User hereby grants University the right to edit, copy, publish, remove, and distribute any Material made available on the Site by User. User agrees that User is not entitled to any compensation, credit or notice whatsoever and that by posting or submitting Material to this Site User waives the right to make any claim against University relating to any Material provided, including but not limited to unfair competition, copyright or trademark infringement, or invasion of privacy. User acknowledges that University has the right to remove in its sole discretion any Material that it considers to violate these terms or the terms of any other agreement or policy that may govern User’s use of University’s networks and web sites.
If any provision herein is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. University reserves the right to change, at any time, at its sole discretion, the terms of this agreement. User is responsible for regularly reviewing these terms and User’s continued use of this Site constitutes User’s agreement to all such terms.