LOCATING OURSELVES IN HISTORY 

TERMS OF USE AGREEMENT 

September 9, 2009 

Leadership Education for Asian Pacifics, Inc. (“LEAP”) operates the website (http://www.locateyourself.net) for Locating Ourselves in History: An Asian American Oral History Project (the “LOH Website”), a unique online platform that allows Asian Americans to share their personal stories and place them within a larger framework of Asian American history.

  1. Acceptance of Terms of Use
    1. This Terms of Use Agreement (“Agreement”) contains legally binding terms that apply to your use of the LOH Website.  By using or accessing the LOH Website, you affirm your acceptance of this Agreement and the privacy policy located at http://leap.org/privacy.html and incorporated herein by reference.  If you do not agree to any of the terms of this Agreement or the privacy policy, please do not use or access the LOH Website.
    1. LEAP may in its sole direction modify this Agreement from time to time.  Each such modification shall be effective upon posting on the LOH Website and you agree to be bound by each such modification.
    1. You affirm that you are 18 years of age or older, an emancipated minor, or, if between the ages of 13 and 18, possess legal parental or guardian consent and that you are fully able and competent to enter into this Agreement and to abide by its terms.  If you are under 13 years of age, please do not attempt to register on or use the LOH Website or send any personal information about yourself to us.  LEAP does not knowingly collect personal information from children under 13 years of age or knowingly allow such persons to register on the LOH Website.
  1. User Submissions
    1. In order to submit stories, narratives, text, photographs, images, graphics, videos, music, sounds or other content (collectively, “User Submissions”), you must register on the LOH Website.  When registering, you agree to provide accurate and complete information.
    1. If you submit User Submissions to the LOH Website, you will retain all ownership rights that you may have in such material.  However, by submitting User Submissions to the LOH Website, you grant to LEAP a world-wide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform your User Submissions in connection with the LOH Website or otherwise in connection with the Locating Ourselves in History Project.  You also grant to each visitor or user of the LOH Website a non-exclusive, royalty-free license to access your User Submissions through the LOH Website, and to use, reproduce, distribute, display and perform your User Submissions as permitted through the functionality of the LOH Website and under the terms of this Agreement.  The above licenses granted by you are perpetual and irrevocable.
    1. In connection with your User Submissions, you agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have valid permission from their rightful owner to submit the material and to grant all of the license rights granted herein to LEAP and users of the LOH Website.  You further affirm, warrant and represent that you own or have the necessary licenses, rights, consents and permissions to use and authorize LEAP to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by the LOH Website and the terms of this Agreement.
    1. In connection with your User Submissions, you agree that you will not submit material that is prohibited by this Agreement.  Such prohibited material includes, but is not limited to, material that contains pornography, obscenity, sexually explicit content, nudity, graphic or gratuitous violence, defamatory or slanderous content, hate speech, or insulting or disrespectful content as to any individual or group, or that promotes, encourages, advocates or incites racism, bigotry, sexism, discrimination against or hatred of any individual or group, violent behavior or acts, harm to or harassment of another person, or dangerous or illegal activities, or that is patently or primarily intended to be offensive, abusive, shocking, disturbing, disgusting or disrespectful, or that is otherwise contrary to applicable local, national and international laws and regulations.  LEAP reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with the terms of this Agreement.
    1. You are solely responsible for your own User Submissions and the consequences of the posting, publication, distribution or other dissemination of such material.  LEAP does not endorse any User Submission or any opinion, view, advice or recommendation expressed therein.
    1. LEAP does not permit or condone infringement of copyrights or other intellectual property rights on the LOH Website.  LEAP will remove any User Submission if properly notified that such User Submission infringes the intellectual property rights of a third party.
    1. LEAP reserves the right in its sole discretion to reject, refuse to post or remove any User Submission or to deny, restrict or terminate access to all or any part of the LOH Website at any time, for any or no reason, without prior notice and without liability.  LEAP further reserves the right to terminate the registration of any user for violations of or failure to comply with the terms of this Agreement.
  1. Use of the LOH Website
    1. In connection with your use of the LOH Website (whether as a visitor or as a contributor of User Submissions), you agree to comply with the terms of this Agreement and all applicable local, national and international laws and regulations.
    1. You agree not to distribute in any medium any part of the LOH Website, including, without limitation, User Submissions, without the prior written authorization of LEAP.
    1. You agree not to use any portion of the LOH Website, including, without limitation, User Submissions, for any commercial use or purpose, without the prior written authorization of LEAP.
    1. All User Submissions and other content on the LOH Website are provided to you “AS IS” for your information and personal use only, and you may access User Submissions for your information and personal use solely as intended through the provided functionality of the LOH Website.
    1. You understand and acknowledge that, when using the LOH Website, you will be exposed to User Submissions from a variety of sources and that you may find or consider User Submissions to be inaccurate, offensive or objectionable.  You further acknowledge and agree that LEAP is not responsible for the content, accuracy or usefulness of User Submissions.
    1. The LOH Website may contain links to third party websites.  LEAP assumes no responsibility for the content, privacy policies or other practices of any third party website.
    1. LEAP reserves the right to discontinue the LOH Website or any aspect thereof at any time, without prior notice and without liability.
  1. Digital Millennium Copyright Act
    1. If you are a copyright owner and believe that any User Submission infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      1. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      1. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      1. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    1. If you believe that your User Submission that was removed from the LOH Website is not infringing, or that you have valid authorization from the copyright owner to post and use the content in your User Submission, you may send a counter-notice containing the following information to our Copyright Agent:
      1. Your physical or electronic signature;
      1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      1. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      1. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    1. LEAP’s designated Copyright Agent to receive notifications of claimed infringement may be contacted at:

Leadership Education for Asian Pacifics, Inc.

Attention:  Copyright Agent

327 East 2nd Street, Suite 226

Los Angeles, California 90012,

E-mail:  leap@leap.org

Facsimile:  (213) 485-0050

  1. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE LOH WEBSITE SHALL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, LEAP, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT, IN CONNECTION WITH THE LOH WEBSITE AND YOUR USE OF OR ACCESS TO SUCH WEBSITE.  LEAP, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE CONTENT OF USER SUBMISSIONS, AND ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE CONTENT OF USER SUBMISSIONS.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL LEAP, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE LOH WEBSITE OR THE CONTENT OF USER SUBMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT LEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. Indemnity

You agree to defend, indemnify and hold harmless LEAP, its directors, officers, employees and agents from and against any and all claims, damages, judgments, settlements, liabilities, obligations, losses, penalties, costs and expenses (including attorney’s fees and expenses) arising out of or relating to (i) your use of and access to the LOH Website; (ii) your failure to comply with any term of this Agreement, (iii) your violation of any rights of a third party, including, without limitation, any intellectual property, privacy or publicity rights, and (iv) the content of your User Submissions.

  1. General

This Agreement shall be governed by the laws of the State of California, without reference to its conflicts of laws or choice of law principles.  Any claim or dispute between you and LEAP arising out of or relating to your use of or access to the LOH Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.  This Agreement, together with the privacy policy located at http://leap.org/privacy.html and any other legal notices posted on the LOH Website, shall constitute the entire agreement between you and LEAP concerning the LOH Website.  If any provision of this Agreement is deemed to be invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions of this Agreement, which shall continue in full force and effect.  No waiver of any provision of this Agreement shall be deemed to be a continuing waiver of such provision or a waiver of any other provision, and LEAP’s failure or delay in exercising any right under any provision of this Agreement shall not constitute a waiver of such right or provision.  This Agreement and any rights or licenses granted hereunder may be assigned or transferred by LEAP without restriction, but may not be assigned or transferred by you without the prior written consent of LEAP.