PLEASE NOTE: IN ORDER TO SUBMIT CONTENT TO THE AMERICAN SOCIETY FOR SURGERY OF THE HAND (“ASSH”) FOR INCLUSION IN THE ASSH IMAGE LIBRARY (“IMAGE LIBRARY”), YOU MUST CAREFULLY REVIEW THE FOLLOWING AGREEMENT, CHECK THE BOX BELOW AND PRESS THE "ACCEPT" BUTTON, TO INDICATE YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT THEN YOU MAY NOT PROCEED FURTHER AND THE SUBMISSION PROCESS WILL BE HALTED.
This Image Library Submission and License Agreement ("Agreement") is a legal document that details your rights and obligations to ASSH with respect to the submission of content to the Image Library. You cannot submit any content to ASSH or to the Image Library until you have accepted the terms of this Agreement. Please take the time to read and understand this Agreement, as well as your obligations. Please contact ASSH at firstname.lastname@example.org or 847-384-8300 if you have questions about this Agreement.
IMAGE LIBRARY SUBMISSION AND LICENSE AGREEMENT
BY CHECKING THE BOX BELOW AND PRESSING "ACCEPT", THE PERSON ENTERING INTO THIS AGREEMENT ON HIS/HER OWN BEHALF AND ON BEHALF OF YOUR COMPANY, (IF APPLICABLE) AS ITS AUTHORIZED REPRESENTATIVE ("YOU" or “YOUR”), CONSENTS TO BE BOUND BY AND BECOMES A PARTY TO THIS AGREEMENT.
In consideration of the American Society for Surgery of the Hand’s (“ASSH”) agreement to include the images, photographs, drawings, illustrations or other artwork that You submit to ASSH (individually and collectively, the “Submission”) in the ASSH image library (the “Image Library”), as well as in consideration of the mutual covenants and promises below, the parties hereto hereby agree as follows:
1. Ownership and Grant of License. As between You and ASSH, You shall own all right, title and interest in and to each Submission. You hereby grant ASSH a non-exclusive, royalty-free, worldwide, perpetual and irrevocable license: (a) to reproduce, have reproduced, distribute, have distributed, reformat and publicly display each Submission in the Image Library in any medium, whether now known or later developed; (b) to apply a watermark to each Submission in its discretion; and (c) to sublicense to ASSH members the right to reproduce, have reproduced, distribute, have distributed, reformat and publicly display the Submission solely for lecture and/or not-for-profit educational purposes in any medium, whether now known or later developed.
2. Warranty. You represent, warrant and covenant to ASSH that to Your knowledge: (a) each Submission is an original work of authorship created by You, that You are the sole owner of all right, title, and interest in and to each Submission, and that You have full authority to grant the license to each Submission granted herein; (b) to the extent that a Submission contains any excerpts from works created or owned by any third party, you have obtained all rights, authorizations and permissions from the copyright owner of such work to convey the rights granted herein; (c) no Submission infringes upon any copyright or other proprietary or contractual right of any third party or entity, invades the rights of privacy of any third party, or is otherwise obscene or unlawful; and (d) by accessing and using the Image Library and submitting or uploading any Submission thereto, You will not subject ASSH or any user of the Image Library to any malicious code.
3. Submissions. You agree to provide each Submission to ASSH in resolution lower than 300 dpi. You acknowledge and agree that ASSH shall have the right, exercised in its sole discretion, to refuse to include any Submission in the Image Library, and to remove any Submission from the Image Library at any time, without notice to You. While it is not required, ASSH encourages You to include a copyright notice embedded in the lower right-hand corner of each Submission in the following format: © 2010 American Society for Surgery of the Hand.
4. Privacy. You agree to comply at all times with the Standards for Privacy of Individually Identifiable Health Information (the “Privacy Rule”) and the Electronic Security Rule established by the U.S. Department of Health and Human Services to implement the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), including without limitation the requirement that each Submission must not identify any patient by name or other identifying features, characteristics or other individually identifiable Patient Health Information, as defined under the Privacy Rule.
5. Indemnification. You agree to fully indemnify, defend and hold harmless ASSH, its officers, directors, members, employees and agents from and against any and all claims, expenses (including attorneys’ fees), settlements and liabilities arising directly or indirectly from: (a) the inaccuracy or breach of any of any of Your representations or warranties set forth herein; (b) Your breach of any of Your obligations under this Agreement; or (c) any claims relating to or arising out of Your use of the Image Library or the use or content of any Submission, including without limitation any claims that any Submission infringes the rights of any third party.
6. Disclaimer of Liability; Release. IN NO EVENT SHALL ASSH BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES PURSUANT TO OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE IMAGE LIBRARY, EVEN IF ASSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USE OF THE IMAGE LIBRARY BY YOU IS AT YOUR SOLE RISK. ACCORDINGLY, THE IMAGE LIBRARY IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. You hereby specifically forever release and discharge ASSH, its officers, directors, employees and assigns from any and all claims, actions, causes of action, costs, liabilities, or other expenses relating to or arising out of (a) Your use of the Image Library, or (b) the reproduction, distribution, reformatting, public display, or other use of each Submission by ASSH or any third party, including without limitation by ASSH’s members.
7. Miscellaneous. This Agreement and each Submission submitted herewith constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof, superseding any and all prior agreements, understandings, negotiations, and discussions. No amendment, alteration, modification, or waiver of this Agreement shall be binding unless evidenced by an instrument in writing signed by the parties. Any claims relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, and to the extent permitted by applicable law, You consent to the jurisdiction and venue of the federal and state courts in the State of Illinois, County of Cook with respect to any such claims. The obligations set forth in Sections 2, 5, 6 and 7 shall survive according to their respective terms following any termination of this Agreement, howsoever occasioned.
THE INDIVIDUAL THAT ACCEPTS THIS AGREEMENT ON HIS OR HER OWN BEHALF HAS READ AND UNDERSTOOD THE FOREGOING AGREEMENT, AND AGREES THAT SUCH PERSON WILL BE BOUND TO ALL OF THE ABOVE TERMS AND CONDITIONS. THE INDIVIDUAL THAT ACCEPTS THIS AGREEMENT ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE HAS READ AND UNDERSTOOD THE FOREGOING AGREEMENT AND AGREES THAT SUCH ENTITY WILL BE BOUND TO ALL OF THE ABOVE TERMS AND CONDITIONS.