Updated as of August 28, 2024

By submitting a photograph and a story or information (the “Materials”) to the Chesapeake Mapping Initiative (the “Program”), you (the “Participant”) agree to the following Terms and Conditions (the “Terms and Conditions” or the “Agreement”) for the Program, which is managed by the National Trust for Historic Preservation in the United States (the “National Trust”).

Background & Purpose. The National Trust is a private, nonprofit membership organization that works to save America’s historic places. Through the African American Cultural Heritage Action Fund, the National Trust for Historic Preservation is undertaking a multi-phased initiative, “Documenting Chesapeake Watershed Sites and Landscapes Important to African Americans,” or the Chesapeake Mapping Initiative. This effort is a collaboration between the National Trust; the National Park Service Chesapeake Gateways; the states of Delaware, Maryland, Pennsylvania, Virginia; and the Chesapeake Conservation Partnership (collectively “Organizers”). All are working to identify and map sites and landscapes significant to African American history in the watershed.

The Chesapeake Mapping Initiative is intended to ensure that places important to African Americans are better represented in historic preservation and land conservation priorities in the Chesapeake Bay region, and ultimately that more of these places are recognized and protected. It is also laying the groundwork for future mapping efforts for African American historic places by assessing the effectiveness of different project approaches.

Organizers reserve the right, in its sole discretion, to use or not use the Materials in the Program. Submission of Materials does not guarantee participation in the Program. Organizers reserve the right to discontinue the Program at any time. By submitting Materials, the Participant agrees to participate in the Program subject to these Terms and Conditions. Participants should only submit Materials that they created or that are in the public domain. Participants should not submit Materials or content written by others unless the Participant has explicit written permission from the copyright holder. Generally, Materials created before 1928 are in the public domain; other Materials may also be in the public domain, but the Participant is responsible for substantiating whether Materials they submit are in the public domain.

License to Use Participant’s Materials. The Participant has submitted Materials to Organizers for use with the Program. The Participant owns and retains the copyright (to the degree they are the copyright holder) to the Materials and grants to Organizers a perpetual, royalty-free, non-exclusive, world-wide, transferable, unconditional, and sublicensable right to use, copy, modify, distribute, reproduce and publish the Materials, without any further consent, notice and/or compensation to the Participant, in any and all media in connection with the Program and/or for editorial, commercial, promotional, or trade purposes related to the program or the Organizers. Organizers may use the Participant’s email address and/or other personal information collected through the Program in accordance with the Privacy Policy of the National Trust for Historic Preservation.

Representations & Warranties. The Participant represents and warrants that: (a) it has the right to enter into this Agreement and grant all rights and perform all obligations in this Agreement; (b) the Participant is the copyright owner of the Materials or authorized to act on behalf of the copyright owner; and (c) the Materials do not violate any law nor anyone’s rights (including intellectual property rights and privacy rights) and are true and accurate to the best of the Participant’s knowledge. This provision will survive termination of this Agreement.

Information Sharing. The Participant agrees to make reasonable efforts to respond to Organizer’s requests for additional information or photographs for the Program.

Representatives; Notices. The National Trust’s representative is: Seri Worden, CMI@savingplaces.org. The Participant’s representative is the contact person specified in the submission of the Materials. The Parties agree that notices and messages will be sent via e-mail to the representatives. The Parties agree to keep their contact information up to date.

Release and Indemnification. The Participant agrees to defend, indemnify and hold harmless Organizers, their trustees, officers, employees, agents, affiliates, sublicensees, successors, and assigns from and against all claims, causes of action, demands, losses, damages, fines, and penalties and/or other costs or expenses of any kind or nature (including without limitation reasonable attorneys’ fees) brought by any thirty party as a result of or due to: (a) any claims or causes of action arising, in whole or in part, from or attributable to the use of the Materials by the Organizers; and (b) the Participant’s breach of this Agreement, including without limitation a breach of the representations and warranties made in this Agreement. This provision will survive termination of this Agreement.

Changes. Organizers may modify these Terms and Conditions or the Program from time to time. Updates to these Terms and Conditions will be published online. If the Participant objects to any changes, the Participant may request that Organizers discontinue use of their Materials in the Program. The Participant’s continued participation in the Program after the changes are published or a notice is sent about the changes to these Terms and Conditions means that the Participant consents to the changes.

Termination. Organizers may terminate this Agreement at any time by removing the Materials from the Program. On termination, the Participant will no longer be a participant in the Program and understands that the Materials will not be included in the Program.

Miscellaneous. If a court with authority over this Agreement finds any part of it unenforceable, the Parties agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, the Parties agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. This Agreement is the only agreement between the Parties regarding the Program and supersedes all prior agreements related to the Program. The Participant agrees to comply with all laws, rules, or regulations. The Participant may not assign or transfer this Agreement without the prior written consent of the National Trust. There are no third-party beneficiaries to this Agreement. If the National Trust does not act to enforce a breach of this Agreement, that does not mean that the National Trust has waived its right to enforce this Agreement. In the unlikely event the Parties end up in a legal dispute, the Parties agree to resolve it in the courts of the District of Columbia using the laws of the District of Columbia and Federal law, as applicable.