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Submission & Usage Agreement

Thank you for your interest in this feature. 

This Submission & Usage Agreement (the "Agreement") explains how the "Viewers share their stories" website feature collects and uses information submitted by site visitors. We recognize the value of personal privacy and copyright protection and wish to protect your information and copyright holders. This "Viewers share their stories" feature is maintained and hosted as a collaboration between HoustonPBS, the Instructional Technology Program at the University of Houston's College of Education (the "IT Program at UH COE"), PBS, the National Center for Outreach ("NCO") and participating PBS affiliate stations ("PBS Member Stations").  Hereinafter, HoustonPBS, the IT Program at UH COE, PBS, NCO and the PBS Member Stations shall be collectively referred to in this Agreement as the "Project Participants".

Content submitted by the public
The "Viewers share their stories" feature allows the public to share personal stories about World War II in response to the airing of Ken Burns' THE WAR. The following types of submissions are permitted:

  • Personal, factual stories about life and experiences during World War II on the home front and battlefield. (Please do not include information about products, services or commercial interests unless these are especially significant to your story).
  • E-mailing a story from the public to a friend.

Policies governing your submission of content
You are responsible for the content of any information you submit to the "Viewers share their stories" feature of this web site. The information posted on this feature does not necessarily reflect the views of any or all of the Project Participants, and in no event shall any or all of the Project Participants assume or have any responsibility or liability for any information posted to this feature, or for any claims, damages or losses resulting from the use and/or appearance of such information on this feature and/or from the subsequent use and/or appearance of such information by third parties.

By clicking the "Submit" button on any submission form in the "Viewers share their stories" features of this web site, you affirm that your submission, including text, digital images and video, is original to you, that you hold all necessary rights to this work or have permission from the copyright holder, or that the work is in the public domain, and that the submission does not defame or otherwise violate the rights, copyrights, trademarks, publicity, privacy, or reputation of any third party.  Clicking the "Submit" button also confirms your acceptance of the terms and conditions of this Agreement and authorizes the release of your submission for use by any or all of the Project Participants.

Under this Agreement, you will retain ownership of your submission. However, you hereby grant to the Project Participants, and the Project Participants hereby accept, a perpetual, royalty-free, worldwide license to reproduce, edit, distribute, prepare derivative works of, and display and perform such information in any and all media now known or hereinafter devised and to authorize others to exercise such rights.  You further represent that you have all necessary rights in such posting.  You also acknowledge and agree that you will not receive any compensation, remuneration, or royalties for your submission.

You agree to indemnify and hold any or all of the Project Participants harmless against any claims asserted by any third parties that allege your submission violates their rights, or from any breach by you of your promises in this Agreement. You shall be responsible for any and all costs incurred by any or all of the Project Participants for defense or settlement of third-party claims, including but not limited to reasonable attorneys' fees incurred by any or all of the Project Participants for defense or settlement of such claims.

You understand that submitting content does not guarantee that your work will be displayed and/or utilized. The decision of which and how submissions received through this website will be used will be at the sole discretion of HoustonPBS and the IT Program at UH COE.  Stories and comments submitted and approved through the HoustonPBS or the IT Program at UH COE's web site may be available for public viewing at any or all Project Participants' websites, channels, and/or stations. 

Protecting your personal information
We collect personally-identifying information such as your name, location, and e-mail address in order to identify the contributor of astory posted to the HoustonPBS or the IT Program at UH COE's web sites, to fulfill your request to e-mail a story to a friend, for administrative purposes, and to authenticate your submission.  Because your name and location may be displayed in connection with any use of your submission, you are advised, should you choose to provide your name and location in connection with your submission, to use a name that you want the public to see. 

We also may disclose personal information if required to do so by law or if we believe that such action is necessary to (a) comply with the law or with legal process, (b) protect against misuse or unauthorized use of the web site, or (c) protect the personal safety or property of web site users, the public, or any of the Project Participants or their employees.

Tracking and use of cookies
As you explore this feature, it is possible that several cookies will be set on your computer.  A cookie is information a web site puts on your computer's hard drive so that the site can remember your preferences or which pages you visited on that site. These web pages use the information from cookies to deliver relevant local resources, remember browser preferences, and improve your experiences on the site.

Links to other sites
The "Viewers share their stories" feature may contain links to other sites that may not follow the same privacy policies as we do. Those sites may use cookies, collect data, and use the data in ways that we would not. We are not responsible for the privacy practices or any information or materials on those other sites.

Acceptance of the Submission & Usage Policy
By clicking the "Submit" button, you signify your acceptance of the terms spelled out in this Agreement. If you do not agree to these terms and conditions, please do not use this feature.  You will not be able to withdraw your permission for the use of your submission once you authorize its release.

We reserve the right to change this Agreement at any time. Any changes to this Agreement will be posted to this page as soon as reasonably possible. Use of these pages constitutes consent to any policy then in effect.

Disclaimer of warranties

THE "VIEWERS SHARE THEIR STORIES" FEATURE IS PROVIDED ON AN  "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NONE OF THE PROJECT PARTICIPANTS WARRANTS THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE HOUSTONPBS OR PBS WEBSITES OR THE WEBSITE OF THE IT PROGRAM AT UH COE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

Limitation of damages

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANY OR ALL OF THE PROJECT PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE "VIEWERS SHARE THEIR STORIES" FEATURE, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE "VIEWERS SHARE THEIR STORIES" FEATURE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.


Release and indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST ANY OR ALL OF THE PROJECT PARTICIPANTS AND EMPLOYEES, AGENTS, AND PERSONNEL ACTING ON BEHALF OF ANY OF THEM, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE "VIEWERS SHARE THEIR STORIES" FEATURE AND YOUR SUBMISSION OF INFORMATION. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ANY OR ALL OF THE PROJECT PARTICIPANTS, INCLUDING DIRECTORS, TRUSTEES, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS AND PERSONNEL ACTING ON BEHALF OF ANY OF THEM, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS FEATURE, YOUR SUBMISSION OF INFORMATION, AND/OR YOUR FAILURE TO ABIDE BY FEDERAL AND STATE LAWS, RULES, REGULATIONS AND POLICIES.

This Agreement shall be binding upon your heirs, successors, assigns, and legal representatives.

This Agreement shall be governed by the laws of the State of Texas. 

 

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