These Terms of Use (“Terms”) are intended to accompany certain videotaped interviews and segments (“Interviews”) as provided to you (“You/Your”) by the University of Southern California Shoah Foundation Institute of Visual History and Education (“USC”). Your use of the Interviews is conditioned upon your acceptance of the following Terms:

1.  Definition.  “Interviews” means all recorded interviews, audio/visual works, images, voices, likenesses and any portions thereof owned by USC.

2.  Additional Terms. These Terms are subject to any additional written agreements between USC and You.

3. Intellectual Property and Privacy Rights. USC owns the worldwide copyrights to the Interviews. Nothing in these Terms affects such copyright ownership. The Interviews involve privacy interests and rights of publicity that are not in the public domain. Nothing herein grants any ownership in any intellectual property right in the Interviews to You.

4.  Using Interviews.  USC grants to You a revocable limited license to use and copy the Interviews for Your personal, non-commercial use. USC further grants to You a revocable limited license to incorporate the Interviews on a website or webpage owned or controlled by You (“Website”) on the Internet, provided:

(1) You agree to provide USC with advanced written notice of Your use of the Interviews on the Internet;

(2) You agree that if You make the Interviews available on a Website, the Website shall contain a copyright notice, visible on the lower third of the video itself during all segments of the Interviews, which reads © 1994-[year published] USC Shoah Foundation, and that is legible to end users. The USC Shoah Foundation reserves the right to revoke permission to use the Interviews if the above requirements are not met;

(3) You agree that if You make the Interviews available via a Website, You shall give USC credit in the Website, in substantially the following form: “Interviews of [1st interviewee name  (first interview year)], [2nd interviewee name (second interview year)], [etc.] are from the archive of the University of Southern California Shoah Foundation Institute for Visual History and Education.  For more information:”;

(4) You agree that, to the extent that You display, exhibt or otherwise make  the Interviews accessible to others, You agree to refrain from combining the Interviews with content that includes (i) falsehoods or misrepresentations that could result in legal liability for USC or any third party, damage USC’s or any third party’s reputation, or otherwise harm USC or any third party; (ii) any inflammatory, defamatory, abusive, harassing, obscene, threatening, or illegal material.  At its sole discretion USC may terminate the foregoing licenses upon written notice to You.

(5) You agree not to relate the name or likeness of Steven Spielberg in any way to Your use of the Interviews, other than to describe his role as founder of the USC Shoah Foundation.

(6) You agree that any use of the Interviews beyond fair use as described in copyright laws, except for the uses granted in these Terms, requires prior written permission from the USC Shoah Foundation.

You may sublicense the rights set forth in this Section 4 to any of Your family members, provided they agree to be bound by the terms of this Agreement.

5.  No Representations or Warranties.  USC makes no representations or warranties with respect to the Interviews, except that it has obtained all rights from the interviewees, interviewers, and videographers to issue these Terms.  USC cannot ensure that its copyrighted Interviews are free from defamatory comments or materials owned by third parties.  USC does not verify the accuracy of the information in the Interviews.  

6.  Limitation of Damages and Disclaimers. YOU AGREE THAT YOUR USE OF THE INTERVIEWS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, USC, ITS OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, LICENSEES, LICENSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE INTERVIEWS. You understand and agree that USC shall NOT be responsible or liable for any loss or damage resulting from Your use of the INTERVIEWs.  To the maximum extent permitted by law, in no event will USC be liable to You for any incidental damages, consequential damages, exemplary damages of any kind, lost goodwill, lost profits, lost business and/or any DIRECT OR indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty or term of this agreement, and regardless of whether a party was advised or had reason to know of the possibility of incurring such damages in advance.

7.  Indemnity.  You agree to defend, indemnify and hold USC harmless from and against any and all damages, liability, loss, and claims, including attorney’s fees, resulting from Your use of the Interviews or derivative works or any breach of Your obligations under these Terms.

8.  Dispute Resolution.  These Terms shall be deemed to be executed and to be performed in the State of California .  Any dispute or claim between USC and You in connection with these Terms shall be settled by binding arbitration in accordance with the procedures of the American Arbitration Association (“AAA”).  Arbitration shall take place in Los Angeles, California, United States , before a single arbitrator.  The arbitrator shall have the authority to grant any relief allowed by law, including, but not limited to, provisional, equitable and/or declaratory relief.  The parties shall each pay one-half of the arbitration fees.  The parties shall each pay their own attorneys' fees.  USC may seek and obtain injunctive relief in any court having jurisdiction for unauthorized use of the Interviews and may then proceed with arbitration under these Terms. You shall not be entitled to seek or obtain injunctive relief.

9.  Miscellaneous Provisions.  Nothing contained in these Terms is intended or shall be construed to create any legal partnership, joint venture or agency relationship between the parties. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by USC without restriction. These Terms shall constitute the entire agreement between You and USC. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and USC's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  

For inquiries or additional licensing, please contact:

USC Shoah Foundation

Attention: Access Supervisor

3434 South Grand Avenue, Suite 403

Los Angeles, California  90007-2812

Tel: 213-740-6001   Fax: 213-740-1916