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:
https://sfi.usc.edu”;
(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
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
Tel: 213-740-6001
Fax: 213-740-1916
Email: sfiaccess@usc.edu