Terms of Use

1. Welcome to FlackCheck.org. By submitting videos or other materials (“Content”) to this website, you agree to be bound by these Terms of Use (“TOU” or “Terms of Use”) and agree that you are entering into a contract with us. The terms of the contract are the terms in these TOU. FlackCheck.org is sponsored by the Annenberg Public Policy Center (“APPC”) of the University of Pennsylvania and reserves the right to change these TOU at any time, by posting the revised terms here. You should review these TOU every time you upload Content to our web site or send materials to FlackCheck.org.

2. Age. You must be 13 years old or older to submit Content to this website. By submitting Content, you affirm that you are 13 years of age or older and, if you are under the age of 18, that you are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these TOU, submit Content, and fulfill the obligations set forth in these TOU.

3. Copyright Policy. All Content submitted to this website is subject to FlackCheck.org’s Copyright Policy in addition to these TOU.

4. Content Submissions by Users.

A. Any and all Content you submit shall be treated as non-confidential and APPC has no obligation to maintain the confidentiality of any information, in whatever form, contained in such Content.

B. You shall be solely responsible for the Content you submit and the consequences of submitting and publishing your Content on the website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit the Content and to permit APPC, at its sole discretion, to publish Content you submit; and you license to APPC all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the website and other use and distribution pursuant to these TOU.

C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to APPC, you hereby grant APPC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content, or any portion thereof, in any manner and in any medium or forum, whether now known or hereafter devised, including without limitation for promoting the website and the activities of APPC in any media formats and through any media channels. You also hereby grant each user of the website a non-exclusive license to access any of your Content that is published or distributed through the website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the website and under FlackCheck.org’s Copyright Policy.

D. You further agree that Content you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to submit the material and to grant APPC all of the license rights granted herein.

E. You further agree that you will not submit to the website any Content that you have obtained in violation of any applicable local, state or federal law or regulation.

F. You represent that the identifying information you provide in connection with the submission of Content is true and accurate. You acknowledge and agree that FlackCheck.org and APPC may disclose your identity to others in connection with its review and verification process, or in connection with legal proceedings, or as otherwise required by law.

5. Indemnity. You agree to defend, indemnify and hold harmless the Annenberg Public Policy Center and the University of Pennsylvania, its directors, officers and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from (i) your violation of any term of these TOU; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that Content you have submitted caused damage to a third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. This defense and indemnification obligation will survive these Terms of Use.

6. Miscellaneous Terms: You agree not to use this website for any unlawful purpose. FlackCheck.org, the Annenberg Public Policy Center and the University of Pennsylvania shall not be liable to you or any third person for any damages resulting from or arising from your access to or use of the FlackCheck.org website or any information or materials it contains. By using this website, you irrevocably agree that any dispute or complaint you may have about this website or its content shall be heard in a federal or state court located in Philadelphia, Pennsylvania, and you agree not to seek to have any such dispute or complaint heard in any court other than a court located in Philadelphia, Pennsylvania. If any provision of these TOU is found to be unenforceable in whole or in part by a court of competent jurisdiction, such term shall be deemed severed, and the remainder of the terms in this policy shall be enforced to the fullest extent permissible by law. THE WEBSITE, ITS CONTENT, AND ITS CONTENT SUBMISSION FUNCTIONALITYARE PROVIDED AS IS, AND THE ANNENBERG PUBLIC POLICY CENTER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH THE WEBSITE AND ITS CONTENT SUBMISSION FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. These Terms of Use, together with the policies referenced and incorporated herein, constitute the final and entire agreement between us with respect to the Content you submit and your use of the Content submission functionality of this website, and no different or additional terms, whether in writing or orally communicated, shall be deemed to amend or be part of this agreement.