The Virginia Historical Society (“VHS”) is seeking videos for inclusion in a film presenting life stories of Virginians throughout the state. Selected videos will be included in a film production, presently (and tentatively) titled “Virginia Voices”. Submitted videos will also be considered for inclusion in an online interactive database which permits on-line visitors to select and view the recorded stories.
The objective is to tell the history of Virginia by allowing participants to share their life stories. A series of four questions guide our participants in sharing Virginians’ experiences, and a submitted video should answer at least one of the following questions:
- What’s your family history?
- What’s your favorite place?
- What’s in your backyard?
- What are your hopes?
Individuals are invited to submit videos, subject to the following Terms and Conditions, which answer one or more of these questions and which will be considered by VHS for inclusion in the Film.
Further information regarding the Film and the creation and submission of Videos for the Film is available on VHS’ Frequently Asked Questions page appearing at (www.virginiavoices.org), but such information does not form part of these Terms and Conditions.
Terms and Conditions
“Video” or “Videos” means any recording or any part of a recording submitted to us which contains images, moving images, recorded audio and/or any of the foregoing in combination.
“VHS” means the Virginia Historical Society as well as those persons and entities working in conjunction with the Virginia Historical Society to create and preserve an online interactive database and to create, promote, and distribute the Film, including without limitation, a) any Director and/or Producer of the Film, b) Boston Productions, Inc., and c) YouTube, LLC. VHS also means any successors in title, assigns, licensees, parent or subsidiary companies, promotional partners, developers and third party marketing entities of the foregoing entities.
“Film” means any audiovisual, audio or visual work that VHS may create from submitted Videos, including without limitation, the film provisionally titled “Virginia Voices”, and also includes any trailers, teasers, advertising or promotional material, DVD “extras”, bonus materials, electronic press kits, making-of films, documentaries or other productions based on, or relating to such Film, or any other material connected with advertising, promoting or exploiting such Film.
“Submitter” means an individual who submits a Video to VHS for consideration for inclusion in the Film and/or the interactive database.
By submitting a Video to VHS, a Submitter agrees to these Terms & Conditions, as well as to the terms of service of the YouTube website set out at http://www.youtube.com/t/terms and the Community Guidelines of the YouTube website set forth at http://www.youtube.com/t/community_guidelines. References to “Terms” herein shall include all of these provisions, unless otherwise indicated).
VHS may amend, supplement or revise these Terms at any time and without notice to any Submitter or any other person. The determination of whether to include any Video in the Film and/or the interactive database will be made exclusively by VHS, and shall be non-reviewable, final and conclusive.
Videos that do not comply with these Terms shall not be eligible for inclusion in the Film and/or the interactive database.
Videos must be submitted on or before 11:59 p.m. EST, August 1, 2014 in order to be eligible for inclusion in the Film and/or the interactive database. Submission of a Video shall occur when YouTube website’s servers successfully receive the uploaded video file along with all submission information requested.
ELIGIBILITY OF SUBMITTERS
Videos may be submitted only by individuals who:
- Are 18 years of age or older;
- Are not represented under any contract (e.g., by a talent agent or manager) that would limit or impair any in any way VHS’ ability to use the submitted Video;
- Are not bound by an agreement that would make his or her appearance in the submitted Video a violation of any third party’s rights;
- Are not bound by any merchandising agreement; and
- Do not have a contractual relationship (including but not limited to guild and/or union memberships), that might prohibit his or her full participation in the Film, and would not impair VHS from using the Video in the Film or in the interactive database.
VIDEO SUBMISSION REQUIREMENTS
There is no limitation on the number of Videos which may be submitted by an eligible individual.
Submitted Videos must be no longer than fifteen (15) minutes. Videos longer than 15 minutes will be ineligible for inclusion in the Film and/or the interactive database.
Videos must be submitted by uploading each Video at the Virginia Voices web page and by completing the Video submission form provided there. Videos submitted with incomplete or inaccurate Submitter information will be ineligible for inclusion in the Film and/or the interactive database.
- May not depict, include or otherwise use the trademarks or logos of any person or entity;
- May not depict, include or otherwise use materials protected by copyrights owned by entities or individuals other than the Submitter (For example, submitted Videos may not include company names or photographs, images or works of art owned by others.);
- May not contain any music, either as a the soundtrack to the Video (the score) or playing in the background of the Video (that is recorded simultaneously with the pictures) (known as source music), whether the copyright to such music and/or musical performance is owned by the Submitter or by others;
- May not contain offensive, inappropriate or illegal content, including pornographic or sexual content, content promoting alcohol, illegal drugs, hateful content of any kind (including racist or sexist), content that promotes violence or harm to another living creature;
- May not defame, misrepresent or contain disparaging remarks about a person or entity;
- May not contain footage of third parties unless these have provided written permission for the recording to be made and for the Video to be submitted in accordance with these Terms.
Videos which do not satisfy these Submission Requirements will be ineligible for inclusion in the Film and/or the interactive database. The determination of whether a Video satisfies these Submission Requirements shall be made by VHS and shall be non-reviewable, final and conclusive.
REPRESENTATIONS AND WARRANTIES
By submitting a Video to VHS, the Submitter represents, warrants, covenants and confirms that:
- The Video conforms with these Terms;
- The Submitter is 18 years of age or older;
- All of the information provided by the Submitter in relation to the submission of the Video was true, accurate and complete in all respects;
- The Submitter filmed and/or recorded the Video;
- The Submitter is the sole author and owner of the Video and the content thereof;
- The content of the Video is wholly original and was not derived or created from, in whole or in part, any other work;
- The Submitter has reviewed and agreed to these Terms and has agreed to grant the rights referred to in these Terms, free from any encumbrances and third party rights;
- Nothing in the Video infringes the copyright or any other rights (including any rights of confidentiality and/or privacy and/or publicity, any moral rights and/or any intellectual property rights) of any third party;
- The Video does not include any logos or trademarks and does not include any designs or material protected by copyrights owned by others (including but not limited to music, film or TV footage);
- The Submitter has obtained all necessary assignments, licenses, consents, grants of rights and waivers of moral rights from such individuals and/or the owners of such locations (as applicable) necessary to enable VHS to exploit the Video in accordance with these Terms incorporating the names, images, voices, sounds and performances of such individuals and/or photographs, recordings and sound recordings of such locations (as applicable), throughout the world, in any and all languages, in perpetuity, in any media and by all means, now known or devised in future, without hindrance and without any payment obligations to such individuals and/or owners (as applicable);
- The Video does not depict or include any location other than property owned by the Submitter and/or property owned by another who has provided the Submitter with authorization to depict or use such location for the filming or recording of the submitted Video and for submission of the Video in accordance with these Terms;
- Neither the Submitter nor any other person will make any objection in the future to the Video (or any part thereof) being included in the Film;
- That the Submitter has not assigned, charged, licensed or otherwise in any way encumbered any rights, title and interest in and to the Video which would
- prevent the Submitter from licensing the Video to VHS in accordance with these Terms, and/or;
- preclude the Submitter from entering into an agreement under which VHS could make use of the Video without payment to the Submitter or to third party for using the Video (including, without limitation, copying, selling, distributing and creating derivative works from the Video);
- There is no action, claim proceeding or litigation pending or threatened with respect to the Video or with respect to the Submitter’s rights in the Video;
- The Video does not contain any defamatory material or any material which is disparaging or derogatory of any person or entity or which could adversely affect the name, reputation or goodwill of any person or entity;
- The Video does not contain pornographic or sexually explicit content and does not contain any hateful, obscene, offensive or blasphemous content of any kind or any content which promotes violence or harm to any living creature;
- The Video does not contain threats of any kind or any content that could intimidate, harass or bully any person;
- The Video and the Submitter’s filming and creation of the Video does not and did not violate any local, state, national or international law or encourage violations of such laws, and;
- The Submitter possesses and will maintain and preserve the original material used to create the Video and the original of the recording and/or filming of the Video.
If the Submitter breaches any of these representations and warranties, the Video will be ineligible for inclusion in the Film and/or the interactive database
TECHNICAL PROBLEMS AND GENERAL ERRORS
To the extent permitted by applicable law, VHS shall neither be liable nor responsible for:
- Any incorrect or inaccurate information displayed or transmitted regarding, in any way, a Video submitted to it;
- The loss of any Video;
- Any human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, and/or;
4) Any inability to access the website for submission, or for problems uploading any Video or downloading any related materials from the website, or for late, lost, damaged, misdirected, incorrect or incomplete Video uploaded or mailed.
LICENSES GRANTED BY SUBMISSION
By submitting a Video to VHS, the Submitter irrevocably grants VHS an irrevocable, worldwide, royalty free license (where relevant, of both presently existing and future copyrights) to:
- Copy, reproduce, prepare derivative works based upon, distribute, display publicly and to communicate, broadcast and transmit by any means or method, the Video;
- Copy, reproduce, adapt, translate, alter, rearrange, edit, cut, dub or subtitle in any language, add to or delete from the Video (including without limitation the right to extract audio only or picture only content from the Video), in any way whatsoever, for the purpose of making and producing, advertising, promoting, publicizing, broadcasting, exhibiting, distributing, exploiting and communicating to the public the Film, and to include the Video (or any such altered or edited version of the Video) in the Film whether as a single sequence or a series of sequences and preceded or followed by and interlaced with such other content (including without limitation any commercial breaks) as VHS in its sole discretion determines;
- Advertise, promote, publicize, broadcast, exhibit, distribute and exploit the Film (and any portion of the Film) incorporating the Video, or any such altered or edited version of the Video, throughout the world in perpetuity in all media and by any and all means now known or devised in future (including without limitation any renting and lending of the Film); and
- Communicate, transmit or broadcast the Video, or any part thereof, to the public, including, without limitation, to communicate the Video via a web site, and including, without limitation, communicating, transmitting or broadcasting the Video for promoting and redistributing part or all of the website in any media formats and through any media channels.
MORAL RIGHTS AND WAIVER OF CLAIMS
By submitting a Video, to the fullest extent permitted by applicable law, the Submitter irrevocably waives the benefits of and agrees not to assert or exercise any rights arising in any jurisdiction based on any provision of law known as “moral rights” or “droit moral” or any similar rights. Further, the Submitter waives and releases VHS from any and all claims that the Submitter may now or hereafter have in any claim for such rights, as well as for any claim of unfair competition with respect to VHS’ exploitation of the Video. Such waiver and release is and shall be complete without further notification or compensation to the Submitter of any kind. Submitter agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against VHS or any other person in connection with the Video or the Film, on the grounds that any use of the Video, infringes or violates the rights of the Submitter or any person making a claim derived from the rights of the Submitter.
SELECTION OF VIDEOS FOR INCLUSION IN THE FILM
Selection for inclusion in the Film will be made by VHS on the basis of the following criteria;
- Appropriateness in relation to the objectives of the “Virginia Voices” project;
- Technical execution; and
- Consistency with the creative and artistic vision of VHS.
The determination of whether a Video will be included in the Film will be made by VHS and is non-reviewable, final and conclusive.
PROVISIONAL SELECTION FOR INCLUSION IN THE FILM
If a Video is provisionally accepted for inclusion in the Film, VHS may require:
- That Submitter provide the original of the Video and the original media upon which the Video was recorded;
- That the Submitter provide such additional information as VHS, in its sole discretion, requests. This may include, for example, additional information concerning the circumstances attendant to the filming and/or recording of the Video, additional identifying information regarding locations used or depicted in the Video and additional identifying information about persons identified, depicted or heard in the Video;
- That the Submitter provide, obtain or assist VHS in obtaining such additional releases from individuals identified, depicted or heard in the Video or from owners of property depicted or used in the Video as VHS in its sole discretion deems necessary or advisable, and/or;
- That the Submitter provide VHS with such physical materials and copies of materials relating to the Video as VHS in its sole discretion deems necessary or advisable.
VHS may determine not to include a Video provisionally accepted for inclusion for any reason, including, without limitation, the failure to obtain such releases as VHS in its sole discretion deems necessary or advisable in order to include the Video. VHS’ determination to exclude a Video from the Film for any reason shall be non-reviewable, final and conclusive.
CREDIT FOR YOUR VIDEO
If a Video (or any part of it) is included in the Film (but not otherwise), the Submitter shall receive a credit using the full name given by the Submitter when the Video was submitted, in a list of contributors to the Film. The size, position and placement (whether in the Film or elsewhere) of such credit will be determined by VHS in its sole discretion. No failure by VHS to accord the foregoing credit shall constitute a breach of these Terms or entitle the Submitter or anyone making a claim derived from the rights of the Submitter to rescind this Agreement, to avoid these Terms or to receive injunctive or other equitable relief or to enjoin or restrain the broadcast, distribution, exhibition, advertising, publicity, communication to the public or other exploitation of the Film.
Inclusion of the Video in the Film and/or the interactive database is and shall be deemed sufficient consideration for all rights granted to VHS under these Terms and neither the Submitter nor any person making a claim derived from the rights of the Submitter shall be entitled to any further sums whatsoever in connection with the use of the Video, the exercise by VHS of the rights and licenses granted to it by these Terms, and the creation and exploitation of the Film.
Inclusion of a Video in the Film and/or the interactive database is and shall be equitable remuneration in respect of rental and lending rights and cable retransmission rights and any similar rights to which the Submitter or any person making a claim derived from the rights of he Submitter may now have or shall subsequently become entitled to under the laws of any country in connection with the exploitation of the Film.
ASSIGNMENT OR SUB-LICENSE
VHS may assign, license, and/or sublicense its rights and benefits under these Terms (in whole or part) to any third party without notice to any person. A Submitter may not assign, license, and/or sublicense its rights and benefits under these Terms to any party without VHS’ prior written consent.
LIMITATIONS OF LIABILITIES AND EXCLUSIONS OF OBLIGATIONS
VHS shall be under no obligation to include any submitted Video in the Film and/or the interactive database and shall have no liability whatsoever arising out of or related to the failure to include any Video in the Film and/or the interactive database.
By submitting a Video, the Submitter irrevocably waives and releases VHS from any and all liability of whatsoever nature arising out of or related to the inclusion of the Video (or any part thereof) in the Film including by way of illustration, and not limitation, claims in respect of invasion of privacy, defamation or breach of any personal or property rights. VHS shall have no obligation to safeguard, preserve or return any Videos, physical materials, copies of materials relating to any submitted Video delivered by any person in relation to the submission of a Video or related to VHS’ consideration of a Video for inclusion in the Film. VHS shall have no obligation to store or retain such materials and shall have no liability whatsoever to the Submitter or to any person making a claim derived from the rights of the Submitter for the loss of Videos, materials or property submitted. By submitting a Video, the Submitter acknowledges and agrees that the relationship between the Submitter and VHS is not a confidential, fiduciary, exclusive or other special relationship, and that the submission of the Video does not place VHS in a position that is any different from the position held by members of the general public with regard to elements of the Video, other than as set forth in these Terms. VHS has no obligation to treat any Video, any portion thereof, or any information provided in conjunction with the submission of a Video as confidential.
BY SUBMISSION OF A VIDEO, THE SUBMITTER ACCEPTS THE CONDITIONS STATED IN THESE TERMS, AGREES TO BE BOUND BY THE DECISIONS OF VHS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VHS SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND SUSTAINED, OR ARISING IN CONNECTION WITH:
- THE USE, ACCEPTANCE, OR MISUSE OF VIDEO OR ANY SUBMITTED INFORMATION;
- THE PREPARATION FOR AND/OR PARTICIPATION IN ANY ACTIVITY RELATED TO THIS PROGRAM (INCLUDING WITHOUT LIMITATION THE CREATION OF ANY VIDEO), AND;
- THE BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE PROGRAM, INCLUDING THESE TERMS.
FURTHER, BY SUBMITTING A VIDEO, AND NOTWITHSTANDING THE REVIEW OF ANY VIDEO BY VHS, THE SUBMITTER UNDERSTANDS THAT HE OR SHE HAS, AND AGREES TO BEAR SOLE LIABILITY FOR THE CONTENTS OF A SUBMITTED VIDEO AND AGREES TO INDEMNIFY AND HOLD HARMLESS VHS FOR ANY CLAIMS, LOSSES, DAMAGES AND/OR COSTS INCURRED AS A RESULT OF ANY CLAIM BY A THIRD PARTY RELATING TO OR ARISING OUT OF THE CONTENT OF A SUBMITTED VIDEO. BY SUBMITTING A VIDEO A SUBMITTER FURTHER AGREES TO INDEMNIFY AND TO HOLD HARMLESS VHS FROM AND AGAINST ALL CLAIMS, COSTS, PROCEEDINGS, ACTIONS, DEMANDS, DAMAGES AND/OR LIABILITIES WHATSOEVER INCURRED BY AND/OR AWARDED AGAINST AND/OR COMPENSATION AGREED TO BY VHS IN CONSEQUENCE OF ANY BREACH OR NON-PERFORMANCE BY SUBMITTER OF THE REPRESENTATIONS AND WARRANTIES SPECIFIED IN THESE TERMS.