About the School Presentation Video Archive
Thank you for your interest in The Foundation for Genocide Education School Presentation Video Archive. This archive is maintained as an informational and educational resource to our visitors and users. By using this archive, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this archive.
Your Acceptance of This Agreement
You must agree to this Agreement before you access, browse or use the archive. Your use of the archive is conditioned upon your acceptance of the terms of use set forth in this Agreement.
We may modify this Agreement at any time by posting of the modified agreement. Any such modifications shall be effective immediately.
If you do not agree to the terms set forth in this Agreement, you may not use or access the archive or any content. Each time you use or access the archive, register or create an online account on the archive, or click that you accept or agree to these terms if presented with the option to do so, you acknowledge that you have read, understand, and unconditionally accept and agree to be bound by these Terms of Use, the Privacy Policy, and any other policy or guidelines incorporated into this Agreement by reference.
Ownership
All content included on the archive is and shall continue to be our property, and is protected under applicable copyright, patent, trademark, and other proprietary rights.
Any copying, redistribution, use or publication by you of any such content or any part of the archive is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this archive.
All content included on the archive (including, but not limited to, copyrights and other intellectual property rights in and to videotaped interviews), is and shall continue to be the property of The Foundation for Genocide Education and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the archive is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. All rights are reserved by The Foundation for Genocide Education.
The archive also contains and includes content and information that involve privacy interests or are not in the public domain. Unauthorized copying, downloading, recording, or publication of the video testimonials included in the presentations, in whole or in part, is strictly prohibited and may subject an individual or entity to penalties for copyright infringement, violation of other intellectual property laws, violation of privacy rights, or violation of other rights or interests protected under applicable law.
Intended Audience and Eligibility
In order to use the archive, you must be 18 years of age or older, an emancipated minor, or possess legal parental and/or guardian consent, and capable of entering into the terms and conditions set forth in the Terms of Use, Privacy Policy, and any other policy or guidelines incorporated into this Agreement by reference. If you are not 18 years of age or older, you must be over the age of 13 to use or access the archive. The archive is not intended for use by persons under the age of 13. Please do not use the archive if you are under 13 years of age. We do not knowingly collect, either online or offline, personal information from persons under the age of 13.
Your Use of the Archive
We grant you a limited, revocable, nonexclusive license to use the archive solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on or download materials from the archive, reverse engineer or break into the archive, or use materials, products or services in violation of any law or of any violation of any term or condition contained in this Agreement. The use of the archive is at our sole and absolute discretion, and we may terminate, restrict, or limit your use of the filmed presentations at any time, with or without notice, for any or no reason.
You also agree not to use, copy, download, distribute, republish, or share any image, audio recording, or video recording of The Foundation for Genocide Education presentations, except to the extent specifically permitted under this Agreement or applicable law, without The Foundation for Genocide Education’s prior, written permission, which we may withhold in our sole and absolute discretion.
Any use or publication of content or information that exceeds “Fair Use” or “Fair Practice” exceptions requires the prior, written permission from The Foundation for Genocide Education.
You agree to comply with all applicable laws regarding your use of the archive. You further agree not to publish, upload, display or transmit any User Content or information that is untrue or inaccurate, or that you did not create and that you do not have permission to publish, upload, display or transmit.
The filmed video presentations are made available to you for educational and non-commercial use only.
Additionally, you agree that you will not:
- use the filmed presentations in any unlawful manner or in any other manner that could damage, disable, overburden or impair the archive;
- use the filmed presentations to intimidate or harass any individual;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your qualifications and/or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the archive;
- frame all or part of any filmed presentations in the archive, or use automated devices to search or scrap the filmed presentations;
- change or delete any proprietary notices from materials downloaded or printed out from the archive; or
- systemically download or print materials from the archive.
Disclaimers and Warranties
We make no representations or warranties, express or implied, regarding The Foundation for Genocide Education filmed presentations. The Foundation for Genocide Education does not verify the accuracy of the information in the videotaped presentations. Such information may infringe upon privacy or intellectual property rights of other persons or entities, and may contain defamatory comments or material owned by third parties. You agree that we are not responsible for any content or commentary contained in the presentations or anywhere else on the archive that you might find to be derogatory, defamatory, offensive, disagreeable, or displeasing in any way.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ARCHIVE IS AT YOUR SOLE RISK AND THAT THE FUNCTIONS OF THE ARCHIVE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE AND EACH OF OUR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE ARCHIVE WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE ARCHIVE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE ARCHIVE WILL BE ACCURATE OR RELIABLE; OR
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE ARCHIVE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU WHILE USING THE ARCHIVE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE FUNCTIONS OF THE ARCHIVE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE ARCHIVE SHALL BE TO DISCONTINUE USING THE ARCHIVE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, AND EACH OF OUR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT BE LIMITED TO, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF BUSINESS, LOST PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER DAMAGES OR INTANGIBLE LOSS ARISING OUT OF OR IN ANY WAY RELATING TO THE ARCHIVE, YOUR USE OF THE ARCHIVE, OR THE CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE BECAUSE OF ANY CHANGES WE MAY MAKE TO THE ARCHIVE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF OR ANY FEATURES WITHIN THE ARCHIVE; THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE ARCHIVE; OR YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION).
THE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE OR YOU HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ARCHIVE OR WITH ANY OF THESE TERMS OF USE OR ANY TERMS OR CONDITIONS CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ARCHIVE.
Use of Information
We reserve the right, and you authorize us, to use and assign all information regarding archive uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Applicable Laws
You acknowledge and agree that this Agreement shall be governed by the laws of the province of Quebec and consent to jurisdiction in Quebec without regard to any conflict of law or choice of law principles with respect to any claim or dispute between you and us. You irrevocably acknowledge and agree that any claim or dispute between you and us that arises in whole or in part from your use of the Archive shall be decided exclusively by a provincial or federal court of competent jurisdiction located in Montreal, Quebec, Canada.
YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. ANY SUCH CLAIM OR ACTION WILL BE BROUGHT INDIVIDUALLY AND NOT ON A CLASS-WIDE BASIS. YOU KNOWINGLY WAIVE ANY RIGHT TO PARTICIPATE IN ANY FORM OF “CLASS,” “JOINT,” OR “REPRESENTATIVE” LITIGATION AGAINST US OR ANY OF OUR SUBSIDIARIES, AGENTS, AFFILIATES, AND LICENSORS.
We make no representation that the archive is appropriate or available for use in locations outside Canada, or that it provides an adequate level of data protection as required in the United States. If you access the archive from outside Canada, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable laws and regulations regarding online conduct, acceptable content and all other matters.
Indemnification
You agree to indemnify, defend and hold harmless us, and each of our subsidiaries, agents, affiliates and/or licensors, against any claim, liability, expense or damages arising from or relating to your use of the archive. Your obligation to defend and indemnify us shall survive the termination of this Agreement and your use of the archive.
Entire Agreement
The Terms of Use, Privacy Policy, and any other policy or guidelines incorporated into this Agreement by reference shall constitute the entire agreement between you and us with respect to the archive. This Agreement shall be binding on the parties and their respective successors and assigns.
There are no third party beneficiaries intended by this Agreement, and you may not assign or transfer this Agreement or your rights or obligations under this Agreement without our prior written consent.
Termination
We may terminate this Agreement at any time, with or without notice, for any or no reason.