Go For Broke National Education Center

REGISTRATION

ORAL HISTORY VIDEO ARCHIVE ACCESS AGREEMENT

Agreement with the Go For Broke National Education Center
Thank you for your interest in our video archive of primary sources available via the World Wide Web called the Go For Broke National Education Center Oral History Video Archive ("VIDEO ARCHIVE"). These terms and conditions of use ("TERMS AND CONDITIONS") constitute a legal agreement ("AGREEMENT") between you and the Go For Broke National Education Center ("GO FOR BROKE"), a California not-for-profit corporation. Please read this AGREEMENT in its entirety. By signing below, you agree to be bound by the TERMS AND CONDITIONS of this AGREEMENT.

Ownership and Use of the GO FOR BROKE ARCHIVE
The VIDEO ARCHIVE of digital images and interviews is owned and operated by GO FOR BROKE. All of the content featured or displayed in the VIDEO ARCHIVE, including, but not limited to, video, text, graphics, photographs, images, moving images, sound, illustrations and software ("CONTENT"), is owned by GO FOR BROKE, or its licensors and content providers. Copyright, moral rights, trademark and other laws relating to intellectual property rights protect all elements of the VIDEO ARCHIVE, including, but not limited to, the general design and the CONTENT.

You understand and agree that no portion or element of the VIDEO ARCHIVE or its CONTENT may be copied, downloaded, or retransmitted via any means and the VIDEO ARCHIVE, its CONTENT and all related rights shall remain the exclusive property of GO FOR BROKE or its licensors unless otherwise expressly agreed. You acknowledge, understand and agree that the Veterans whose recorded interviews are included in the VIDEO ARCHIVE are entitled to the utmost respect and you agree that your use of the VIDEO ARCHIVE shall, at all times, uphold the character, integrity and honor of these Veterans. 	  Individuals or organizations must apply for and obtain written permission from GO FOR BROKE to republish any part of GO FOR BROKE'S work.  In applying for such permission, the user will be required to describe the purpose of the work, the extent of the use, and the form in which it will appear.  You agree that any revenue you derive from any unauthorized use of the VIDEO ARCHIVE is held in trust for the benefit of GO FOR BROKE.

The material in the VIDEO ARCHIVE is adult-oriented.  The VIDEO ARCHIVE provides access to various materials, including videotaped interviews of persons who participated in a war or conflict and other acts of an adult nature.

Access to the VIDEO ARCHIVE is made available only to those who agree to the following: 
(1)	You understand that the archives contain images or spoken words that may be deemed offensive or objectionable, including but not limited to the use, depiction or description of violent acts, racial slurs or other matters.  You, nevertheless, voluntarily choose to expose yourself to the contents of the archives and agree that you have no grounds for complaining about such contents or any impact such exposure may have on you, now or in the future.
(2)	You will not sell or in any way redistribute the contents of the VIDEO ARCHIVE.
(3)	You will not attempt to by-pass any security and/or access features of the VIDEO ARCHIVE.
(4)	You will not misquote, misrepresent, defame or malign the character, integrity or honor of the Veterans whose recorded interviews are included in the VIDEO ARCHRIVE.

Passwords and/or Authorization
You will need a password to access the VIDEO ARCHIVE via the Internet. Passwords are given to users who have registered. Once a password has been issued to you, you may not share it with others, unless given written permission from Go For Broke National Education Center. If you think at any time that your password is compromised please email support@goforbroke.org to stop usage on your password and receive a new password.  Users who appear in person at the Go For Broke National Education Center's Resource Center may or may not need a password but will have to obtain authorization from Go For Broke National Education Center staff in order to access the VIDEO ARCHIVE.

No Warranties
GO FOR BROKE DOES NOT MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE VIDEO ARCHIVE WILL MEET WITH YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE VIDEO ARCHIVE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIAL IN THE VIDEO ARCHIVE; OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR SERVICE PROVIDED ON OR ACCESSIBLE FROM THE VIDEO ARCHIVE.  THE VIDEO ARCHIVE AND ALL INFORMATION, PRODUCTS AND CONTENT INCLUDED OR ACCESSIBLE FROM THE VIDEO ARCHIVE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH GO FOR BROKE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE VIDEO ARCHIVE IS AT YOUR SOLE RISK.

No Liability for CONTENT
Any form of CONTENT expressed or made available to users of the VIDEO ARCHIVE are those of the respective interviewee or author and not of GO FOR BROKE.  GO FOR BROKE neither endorses nor guarantees the accuracy, completeness or usefulness of any such CONTENT.  In some cases, the language used by an interviewee may be considered offensive to many users.  Parental supervision and signature of a parent are required for access by persons under 18 years of age.  In accessing the VIDEO ARCHIVE, the user acknowledges that the views and opinions expressed therein are not the same as those of GO FOR BROKE.

Under no circumstances shall GO FOR BROKE be liable for any loss or damage caused by reliance on any CONTENT of the VIDEO ARCHIVE.  It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of such CONTENT.  Please seek professional advice, as appropriate, regarding the evaluation of any specific CONTENT.
    
In no event shall GO FOR BROKE be liable for any direct, indirect, special, incidental, exemplary or consequential damages arising out of or related to the use, inability to use,  authorization to use, performance or nonperformance of this site, even if GO FOR BROKE was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, under statute, in equity, at law or otherwise.

Indemnification
You shall indemnify GO FOR BROKE and its licensors against any losses, expenses, costs or damages incurred as a result of your breach of the terms of this AGREEMENT or your unauthorized use of the CONTENT and related rights.

Termination
GO FOR BROKE may terminate your registration at any time. You may terminate your registration by emailing the Go For Broke National Education Center at support@goforbroke.org.  Termination will be effective once GO FOR BROKE has received and responded to your termination notice.  In the event the AGREEMENT is terminated by any party, the user's right and ability to access the VIDEO ARCHIVE will cease but the remaining TERMS AND CONDITIONS of the AGREEMENT, including without limitation restrictions on the use or redistribution of the CONTENT of the VIDEO ARCHIVE, will survive in perpetuity.

Entire Agreement
This is the entire AGREEMENT of the parties hereto. Neither GO FOR BROKE nor the undersigned user is relying on any oral or written statement, representation, or purported agreement other than that expressly contained herein. This AGREEMENT may be modified only by subsequent written agreement of the parties.

Construction and Enforcement of this AGREEMENT
This AGREMENT shall be governed by, interpreted and construed in accordance with the laws of the State of California without regard for conflict of laws principles.  With respect to any action arising out of, under or in relation to this AGREEMENT, the parties hereto consent to the exclusive venue and jurisdiction of the Superior Court for the State of California for the County of Los Angeles.  In the event it becomes necessary for any party to bring an action to construe or enforce the TERMS AND CONDITIONS of this AGREEMENT, the prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs incurred in such an action.  This AGREEMENT shall be binding upon the parties' heirs, successors and assigns.

By clicking the "I Accept" button below, I attach my electronic signature and agree to the all the terms and conditions of this ORAL HISTORY VIDEO ARCHIVE ACCESS AGREEMENT.