Terms and Conditions to Share Your Experience
By submitting materials, including but not limited to a story, photograph, or video (the "Media"), you agree to the following terms and conditions ("Terms and Conditions"):
- You warrant that you are over the age of 18 and have the full right, power, and authority to agree to these Terms and Conditions and grant the license as set forth below.
- You warrant that the content of the Media is entirely and without condition your own work.
- You warrant that you have obtained any copyright permission, license, or agreement necessary or incidental to lawfully authorize the publication of the Media submitted by you, including any images, documents, or other materials displayed in the Media.
- You warrant that no right in the Media has in any way been sold, mortgaged, or otherwise disposed of, and that the Media is free from all liens and claims.
- You warrant that you have obtained the written permission to reproduce and display the name, likeness, identity, voice, photographic image, videographic image and oral or recorded statement of any other individual appearing or reflected in the Media.
- You warrant that you are the sole owner of the Media, that the Media do not infringe any copyright or violate any property rights, or contain (i) any scandalous, libelous, or unlawful matter or (ii) advertising for third party products or services.
- Except for derivative works which you agree are owned solely by the UCSF Memory and Aging Center, all right, title, and interest in the Media as submitted, including without limitation, any copyright, shall remain with you.
- You grant The Regents of the University of California on behalf of the UCSF Memory and Aging Center (“UCSF Memory and Aging Center”) a non-exclusive, perpetual, worldwide, unrestricted right to edit, remove, modify, publish, sublicense, print, transmit, copy, display, incorporate the Media, in whole or in part, into derivative works, or otherwise use the Media and all accompanying personally identifiable information you submit, in any lawful manner the UCSF Memory and Aging Center so chooses and via all forms of media now known or hereafter devised, without notice to you and without compensation.
- You release UCSF Memory and Aging Center and its officers, agents, and employees from any claim or liability relating to the use of your name, likeness, identity, voice, photographic image, videographic image and oral or recorded statements in the Media.
- You understand that the UC Policy on Copyright Ownership governs ownership of the original materials, that is, the Media. As to the broadcast or publication itself, you understand and agree that UCSF Memory and Aging Center shall have exclusive ownership of the copyright and other proprietary and property rights in the broadcast or publication. To the extent required, you hereby grant and assign all copyright in the broadcast or publication to UCSF Memory and Aging Center.
- You agree that the UCSF Memory and Aging Center shall not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages arising out of any use of the Media or the other information you submit.
- You agree that the UCSF Memory and Aging Center may contact you to verify your submission, to seek additional information from you about your story, personal submission, and/or artwork, and you agree that such additional information will be subject to, and included in, the license above stated.
- You agree to indemnify and hold the UCSF Memory and Aging Center and its officers, agents, licensees, and employees harmless from any claims, suits, damages, costs, expenses, or demands, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms and Conditions, including any representation or warranty, or your violation of any law or the rights of a third party or by reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the Media or any infringement or violation by the Media of any copyright or property right. The UCSF Memory and Aging Center’s failure to act with respect to a breach by you does not waive its right to act with respect to subsequent or similar breaches.
- You agree that any disputes arising out of or related to the Media or these Terms and Conditions shall not be the subject of a class action and shall be governed by, construed and enforced in accordance with, the laws of the State of California applicable to contracts made and to be wholly performed therein and shall be binding upon your heirs, successors, assigns, and personal representatives; and references to the you shall include your heirs, successors, assigns, and personal representatives.
The UCSF Memory and Aging Center reserves the right to alter any terms and conditions at its sole discretion and without notice.
Effective Date: April 29, 2008