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Content Submission Authorization & Release


1. Description of Services & Acceptance of Terms.

The Humane Society of the United States (“The HSUS”) created the Maryland Dog Storybank Campaign (the “Campaign”) to provide a forum to share personal accounts (“stories”) and photographs (“photos”) documenting the impact of the Tracey v. Solesky ruling regarding pit bull-type dogs on Maryland dog owners. Once uploaded, the stories and any accompanying photos submitted to the Campaign (collectively, "Submitted Content") are added to The HSUS’s Flickr photostream (the “HSUS Photostream”) and are viewable on The HSUS’s Flickr page and The HSUS website.

The HSUS allows its supporters to participate in the Campaign subject to the terms of this content submission authorization and release (the “Content Submission Authorization and Release”), which may be updated from time to time without notice to you, and subject to Flickr’s Community Guidelines and Terms of Service, which are hereby incorporated by reference. By checking the box included on the Campaign’s content submission website, you accept and agree (or if you are under eighteen (18) years of age, your parent or legal guardian accepts and agrees) to be bound by the terms and provisions of this Content Submission Authorization & Release.


2. Eligible Users.

You must be thirteen (13) years of age or older to submit any content for inclusion in the HSUS Photostream. If you are under eighteen (18) years of age but are at least thirteen (13) years of age, you may submit content only with the permission of, and under the supervision of, your parent or legal guardian. If you are a parent or legal guardian agreeing to this Content Submission Authorization and Release for the benefit of an individual between the ages of thirteen (13) and eighteen (18), you understand that you are fully responsible for any of his or her Submitted Content and/or any legal liability that he or she may incur.


3. Submission Instructions & Requirements.

To submit a story for inclusion in the HSUS Photostream, fill in the required fields with your contact information; briefly explain the impact that the Tracey v. Solesky ruling has had on your life in the text field provided; select a photo of your pit-bull type dog to submit, if desired; indicate your acceptance of the terms of this Content Submission Authorization and Release by checking the box provided; and click the “Submit” button. You may submit a story without a photo, but photos unaccompanied by stories will not be accepted. Story submissions must be written in English and must be no more than 1,000 characters in length. Story submissions should not contain any individual’s personal identifying information (e.g., name, contact information, etc.) other than your own. If you choose to submit a photo of your dog to accompany your story, your photo submission must be in JPEG (.jpg or .jpeg) or non-animated GIF (.gif) digital format and must be no more than three megabytes (3MB) in size. If your photo contains the images of other individuals or groups, you must obtain permission from each and every individual or group who contributed to or is featured in the photo (or if the individual is under eighteen (18) years of age, from the individual’s parent or legal guardian) before submitting the photo.

Story submissions should discuss the impact that the Maryland Court of Appeals’ ruling in Tracey v. Solesky has had on you as a Maryland dog owner, and photo submissions (if you choose to make one) should include a picture of the dog to which your story submission relates. Any Submitted Content that does not discuss or relate to the aforementioned topic will be removed from the HSUS Photostream with no notice to you. Without limiting the foregoing, The HSUS reserves the right, in its sole discretion, to remove any Submitted Content for any reason without any consent from or notice to you. Reasons for removal may include, but are not limited to, the following::

(a) The Submitted Content is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

(b) The Submitted Content infringes a patent, trademark, trade secret, copyright, or other proprietary right of any party.

(c) The Submitted Content violates any applicable local, state, national, or international law.

(d) The Submitted Content is off-topic or irrelevant to the Campaign.

(e) The Submitted Content violates any term or provision of this Content Submission Authorization and Release.

4. User Conduct and Reporting Violations.

You understand and agree (or if you are under eighteen (18) years of age, your parent or legal guardian understands and agrees) as follows:

(a)    All Submitted Content is the sole responsibility of the person who submitted such content.  This means that you, and not The HSUS, are entirely responsible for your Submitted Content. 

(b)   You will promptly notify The HSUS by e-mail to facebook@humanesociety.org if you discover that any of your Submitted Content violates any of the terms and provisions of this Content Submission Authorization and Release or is otherwise inappropriate.

If you believe that an individual or group has violated any of the terms and provisions of this Content Submission Authorization and Release, please report the violation by e-mail to facebook@humanesociety.org.


5. Rights Granted.

The HSUS does not claim ownership of any Submitted Content. However, with respect to your Submitted Content, you grant (or if you are under eighteen (18) years of age, your parent or legal guardian grants) The HSUS and its affiliates, subsidiaries, licensees, and assigns a perpetual, worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display, and otherwise exploit the Submitted Content in any and all media formats or channels, whether now known or hereafter created, without any payment and without further consent from or notice to you. You also consent (or if you are under eighteen (18) years of age, your parent or legal guardian consents) to The HSUS’s use of your name, likeness, story, and/or biographical information for promotional and other purposes without additional compensation, except where prohibited by law.

Other persons may download, print, or otherwise capture content posted on web sites and use or exploit that content without authorization. The HSUS does not have any obligation to prevent the capture or subsequent use or exploitation of any Submitted Content or any other content uploaded to its website or the HSUS Photostream.


6. Privacy.

Information obtained about you by The HSUS is subject to The HSUS’s Privacy Policy.  By checking the box included on the Campaign’s content submission website, you also consent (or if you are under eighteen (18) years of age, your parent or legal guardian consents) to the collection and use of your information as provided in such policy.


7. Representations & Warranties.

You hereby represent and warrant (or if you are under eighteen (18) years of age, your parent or legal guardian represents and warrants) as follows:

(a)   You are either (i) at least eighteen (18) years of age, and you are free to enter into this Content Submission Authorization and Release; or (ii) you are over thirteen (13) years of age but under eighteen (18) years of age, and your parent or your legal guardian approves and agrees to the terms of this Content Submission Authorization and Release and has given you permission to submit content. If you are a parent or legal guardian agreeing to this Content Submission Authorization and Release for the benefit of an individual between the ages of thirteen (13) and eighteen (18), you understand that you are fully responsible for any of his or her Submitted Content and/or any legal liability that he or she may incur.

(b)   You are the sole legal copyright owner of the Submitted Content.

(c)    You have the right to grant any and all rights and licenses granted to The HSUS herein.

(d)   If you submitted a photo, any subject of such photo (or if the subject is under eighteen (18) years of age, the subject’s parent or legal guardian) has granted you permission to use his or her image in the photo.

(e)   You have complied with Flickr’s Community Guidelines and Terms of Service.

(f)    You have complied with all the submission instructions and requirements contained in Section 3 above.


8. Indemnification & Release.

YOU AGREE (OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO INDEMNIFY AND HOLD THE HSUS AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, SPONSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION OF ANY NATURE DUE TO OR ARISING OUT OF ANY OF YOUR SUBMITTED CONTENT, YOUR VIOLATION OF THIS CONTENT SUBMISSION AUTHORIZATION AND RELEASE, OR YOUR BREACH OF ANY REPRESENTATION OR WARRANTY CONTAINED IN SECTION 7 ABOVE. YOU ACKNOWLEDGE AND AGREE (OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN ACKNOWLEDGES AND AGREES) THAT (A) THE HSUS IS UNDER NO OBLIGATION TO POST, DISPLAY, PUBLISH, OR OTHERWISE USE ANY SUBMITTED CONTENT; AND (B) THE HSUS WILL NOT PAY YOU ANY ROYALTY OR OTHER COMPENSATION FOR YOUR SUBMITTED CONTENT.


9. General Provisions.

(a)    Entire Agreement. This Content Submission Authorization and Release is the entire agreement concerning the subject hereof and supersedes any prior versions of this Content Submission Authorization and Release, documents, correspondence, conversations, or other oral or written understandings between you and The HSUS related to the subject hereof.

(b)   Choice of Law and Forum.  This Content Submission Authorization and Release shall be governed by and construed under the laws of the District of Columbia without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under the Content Submission Authorization and Release shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the District of Columbia.

(c)   Waiver and Severability of Terms.  The failure of The HSUS to exercise or enforce any right or provision of this Content Submission Authorization and Release shall not constitute a waiver of such right or provision. If any provision of this Content Submission Authorization and Release is found to be unenforceable or invalid by a court of competent jurisdiction, the other provisions of the Content Submission Authorization and Release shall remain in full force and effect. The section titles in this Content Submission Authorization and Release are for convenience only and have no legal or contractual effect.