Terms and Conditions – “Where Women Made History” Crowdsourcing Program
Updated as of January 9, 2020
By submitting a photograph and information (the “Materials”) to the “Where Women Made History” Crowdsourcing Program (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. As the United States approaches the 2020 celebration of the 19th Amendment, the Program, “Where Women Made History,” aims to uncover and uplift the stories of female trailblazers whose vision, passion, and determination over the centuries have shaped us into the nation we are today. To that end, the National Trust created the Program to engage the general public in crowdsourcing lesser-known sites where this important history took place. Participants are invited to submit a story and picture (the Materials) of a place connected to women’s history that matters to them. The National Trust reserves 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. The National Trust reserves 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.
- 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 the National Trust’s requests for additional information or photographs for the Program.
- Representatives; Notices. The National Trust’s representative is: Julia Rocchi, (202) 588-6047, firstname.lastname@example.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 the National Trust, 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 National Trust; 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. The National Trust 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 terminate this Agreement under Section 8. 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. The National Trust 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-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.
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