CONTENT UPLOAD DISCLAIMER AND INDEMNITY AGREEMENT

CONTENT UPLOAD DISCLAIMER AND INDEMNITY AGREEMENT

Please read this agreement carefully. By clicking “I Accept” at the bottom of this page, you confirm that you have read, understood, and agree to the terms below. If you are under 18 years of age, this Agreement must be reviewed and accepted by your legal guardian on your behalf.

DISCLAIMER OF LIABILITY

By uploading any media content (“Content”) to the shared drive or digital repository provided by the Tribute to Valor Foundation (the “Foundation”), you agree that:

  • Foundation, along with its affiliates, officers, employees, agents, and successors, will not be held liable for any claims, damages, liabilities, costs, or expenses resulting from the Content you upload, regardless of how it is used or shared.
  • You are solely responsible for ensuring that your Content complies with all applicable laws, regulations, and the guidelines set forth below. Foundation is not liable for any unauthorized sharing, copying, or distribution of the Content by third parties.

CONTENT STANDARDS AND RESTRICTIONS

You agree that all Content uploaded to the Foundation’s shared drive will adhere to the following standards and guidelines. Failure to comply with these guidelines may result in Content removal, restriction of access, or further action as deemed necessary by Foundation. You specifically agree NOT to upload any Content that:

  • Contains explicit, obscene, or indecent material, including but not limited to nudity, sexual content, graphic violence, or offensive language.
  • Depicts or promotes illegal activities, including but not limited to the use of drugs, alcohol, tobacco, or firearms.
  • Violates copyright, trademark, privacy, publicity, or proprietary rights of any individual or entity, including unauthorized use of logos, brands, or third-party trademarks.
  • Includes defamatory, libelous, or slanderous material or any information that could harm an individual’s or entity’s reputation.
  • Is inappropriate, harassing, abusive, harmful, or discriminatory based on race, religion, gender, sexual orientation, nationality, age, or disability.
  • Violates any law, regulation, or ethical standard relevant to the Content and its use.

OBLIGATION TO REPORT ILLEGAL CONTENT

Foundation reserves the right, and in some cases may be legally obligated, to report any Content that it reasonably believes violates federal, state, or local laws to appropriate authorities, including law enforcement. By uploading Content, you acknowledge and agree that Foundation may, without further notice to you, provide any necessary information to authorities to comply with legal obligations or to protect the safety and rights of others.

Non-compliance with these standards may result in immediate suspension of your access to the shared drive and other actions, including reporting to law enforcement, as necessary.

LICENSE AND WAIVER OF RIGHTS

By uploading Content, you grant Foundation a worldwide, perpetual, royalty-free, non-exclusive, irrevocable, sublicensable, and transferrable license to use, reproduce, edit, modify, publish, distribute, and publicly display the Content across all media, whether now known or later developed. This includes but is not limited to use for promotional, educational, advertising, and marketing purposes.

  • Waiver of Approval: You waive any right to review, approve, or receive notice of the manner in which Foundation uses your Content, including any edits, modifications, or alterations.
  • Waiver of Claims: You waive any claims, rights, or interests in the Content and any claims related to Foundation’s use, including invasion of privacy, violation of publicity rights, defamation, misappropriation, or infringement of intellectual property rights.

ASSUMPTION OF RESPONSIBILITY AND RISK

You assume full responsibility for the Content you upload and any outcomes related to its use. Foundation does not guarantee the confidentiality or security of the Content. Foundation is not responsible for unauthorized access, copying, distribution, or use by third parties, including any consequences arising from such actions.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Foundation, its affiliates, officers, directors, employees, agents, successors, and assigns from any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Any breach or alleged breach of this Agreement by you or any third party acting on your behalf.
  • Any claim that your Content violates the rights of a third party, including intellectual property rights, privacy rights, publicity rights, or other proprietary rights.
  • Any misrepresentation, omission, or false statement made by you in connection with the Content or this Agreement.
  • Any use or modification of the Content by Foundation or any authorized third party under this Agreement.

NO EXPECTATION OF COMPENSATION

You understand and agree that by uploading Content, you are not entitled to any financial compensation, royalties, or other remuneration from Foundation, regardless of the nature or purpose of such use.

TERMINATION OF ACCESS

Foundation reserves the right to terminate, restrict, or modify your access to the shared drive at any time and for any reason, including any violation of this Agreement or the standards set forth herein. Foundation is not obligated to provide notice before such termination or restriction and will not be liable for any claims, damages, or losses resulting from the termination.

GOVERNING LAW AND VENUE

This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to any conflict of law principles. Any dispute, claim, or cause of action arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in [County], Texas. You hereby consent to the personal jurisdiction and venue of such courts.

SERVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between you and Foundation with respect to the Content and supersedes all prior agreements, representations, or understandings, whether written or oral, relating to the subject matter herein. No modification or amendment of this Agreement will be effective unless in writing and signed by both parties.

ACKNOWLEDGMENT AND ACCEPTANCE

By clicking “I Accept” below, you represent and warrant that:

  • You have read, understood, and voluntarily agree to the terms of this Agreement in full.
  • If you are under 18 years of age, your legal guardian has reviewed and accepted this Agreement on your behalf.
  • You agree to be legally bound by this Agreement in its entirety.