Monumental News!
You’re invited to inspire America’s newest landmark. We want to hear from YOU! Contribute your ideas today and have a voice in the design of the Women's Suffrage National Monument.
These Monumental Ideas project Terms and Conditions (hereafter the “Agreement”) governs the submission of any and all materials in relation to Monumental Ideas project (the “Project”) sponsored by the Women’s Suffrage National Monument Foundation (the “Foundation,” “we,” “us,” or “our”). As part of this Project, members of the public who are residents of the United States and United States Territories are invited to submit ideas, concepts, images, photographs, artwork, designs, information and/or other content (collectively “Contributor Materials”) which may be used as inspiration for or to be incorporated as part of the promotional materials for the Project and/or an exhibition display and/or the final design of the Women’s Suffrage National Monument. This Agreement applies to the uploading, collection, use, and sharing of Contributor Materials on https://womensmonument.org/ (the “Website”) as well as any submissions directed to us by contributors on social media, via direct email, mail, or other communications, as well as any other method or form of submission, existing now or instituted at a later date.
Acceptance of the terms of this Agreement is required in order to upload and/or share Contributor Materials to the Website or any of our associated Website or social media platforms. If you do not accept the terms of this Agreement, you may not upload or share any Contributor Materials to the Website or any of our associated Website or social media platforms.
We will comply with all applicable US data protection laws and shall, where applicable, ensure that our affiliates and personnel comply with all applicable US laws and regulations as they relate to this Agreement (together, “Data Protection Laws”). If you are in the US, further information can be found at The Federal Trade Commission at www.ftc.gov.
1. The Project
1.1 Under this Agreement, we give you the opportunity to take part in the Project.
1.2 By uploading your Contributor Materials to the Website (or any of our associated Website or social media platforms, or by sharing your content with our project title hashtags on social media) you accept the terms of this Agreement.
1.3 The terms on which you agree to grant us a license to use the Contributor Materials are set out in this Agreement. You may only withdraw Contributor Materials submitted prior to the campaign end date set out on the Foundation Website. Thereafter you may no longer withdraw any submitted Contributor Materials. We retain the right to revoke or reject any Contributor Materials at any time at our sole discretion. We will make reasonable efforts to ensure that the Contributor Materials are included in the Project, but we will not be legally obliged to do so and any failure to do so will not constitute a breach of this Agreement by us.
1.4 As part of the Project, you also expressly agree to provide relevant information relating to the Contributor Materials, including any written text, stories and ideas behind the Contributor Materials and/or those featured in the Contributor Materials, as well the names of the people and places appearing in the Contributor Materials (“Information”).
1.5 Together, the Contributor Materials and the Information are the “Content”.
1.6 You expressly confirm that you have all the relevant permissions in writing to use and submit the Content and any other content at all of any kind and that you accept any and all liability for the same, in the event that such permissions have not been granted, including the permissions contained in Section 2 of this Agreement.
1.7 If you are submitting Content on behalf of a minor, you represent and warrant that you are the minor’s parent or legal guardian and have the legal authority to submit the Content. You expressly confirm that you have obtained all necessary permissions for the use and submission of the Content and accept full liability in the event such permissions have not been granted.
1.8 All Content must also be accompanied by the name and email address of the parent or legal guardian submitting the materials in addition to the minor’s name and age. If a submission is selected for a feature, the demographic information that will be publicly displayed includes the contributor’s first name, age, and state.
2. Submission on Behalf of Minors
While minors may produce Content, as defined below, any submission or upload of the same must be carried out by their parent or legal guardian. If the contributor is a minor, the parent or legal guardian represents and warrants that (a) they are the parent or legal guardian of the minor contributor, (b) no court has issued any order, judgment, or decree granting custody of the minor contributor to anyone else or otherwise affecting their rights as parent or legal guardian, (c) the minor contributor has not been emancipated, (d) they have the legal right, power, and authority to consent to and enter into this Agreement on behalf of the minor contributor and themselves, (e) they are at least 18 years of age, (f) they have read and understand this entire Agreement. By submitting the Content, the parent or legal guardian hereby consents to and approves in all respects the terms and conditions of this Agreement and agrees that both them and the minor contributor shall be bound by all of its terms and conditions, and understands that this consent and approval is not revocable. The parent or legal guardian agrees to defend, indemnify, and hold harmless the Foundation against all claims resulting from any of their or the minor contributor’s breach or alleged breach of this Agreement including, without limitation, any of the representations and warranties contained herein.
3. Grant of License
In consideration of the opportunity to participate in the Project and for other good and valuable consideration, you hereby grant to the Foundation a non-exclusive, royalty-free, worldwide, irrevocable, transferrable, sublicensable license to use the Content:
3.1 for the full period of copyright (including all periods of renewal, extension and revival of the copyright) and thereafter in perpetuity;
3.2 to enable us to reproduce, publish, distribute, exhibit, edit, adapt, modify, crop, alter and otherwise use and exploit the Content (whether alone or incorporated into or in conjunction with other works) through any medium we wish to use;
3.3 for any/all purposes, commercial and/or non-commercial, relating to the Project, including, but not limited to:
3.3.1 for publication in all media (whether now known or hereafter devised including promotional material and national and international press);
3.3.2 for publication on the internet (including on social media);
3.3.3 for academic and scholarly purposes;
3.3.4 for cultural, educational, entertainment and social purposes, including exhibitions and oral and visual presentations to the public; and
3.3.5 for the production, marketing, distribution and sale of products (e.g. merchandise and printed goods).
4. Your Warranties and Undertakings
4.1 You hereby expressly warrant and undertake that:
4.1.1 you have obtained all necessary consents and permissions under all applicable laws (including under the US Copyright Act as amended and/or replaced from time to time) to grant the rights set out at Clause 3;
4.1.2 you are the sole owner and creator of the Content, or have transferable licenses sufficient to permit submission of the Content pursuant to the terms of this Agreement;
4.1.3 if you are submitting on behalf of a minor, you represent and warrant that you are the minor’s parent or legal guardian and have the legal authority to submit the Content pursuant to the terms of this Agreement;
4.1.4 you shall immediately inform us if you become aware of any claim that the Content infringes the rights of any third party or incorporates any material that infringes the rights of any third party (including any right of intellectual property, confidentiality or privacy), or that the use of the Content violates the rights of any third party;
4.1.5 as far as you are aware, having made full and reasonable enquiry, the Content does not incorporate any material that is obscene, blasphemous, racist or defamatory, or could be considered “Revenge Porn” commonly known as a “Hate Crime”, and the use or exploitation of the Content will not place any person in contempt of court or in breach of any provision of any statute;
4.1.6 you shall immediately inform us if you become aware of any claim that the content incorporates any material that is obscene, blasphemous, racist or defamatory, or that the use or exploitation of the Content will place any person in contempt of court or in breach of any provision of any statute;
4.1.7 you are in compliance with, and shall continue to comply with, the terms and conditions of any agreements which govern the use of any Content provided to you by third parties;
4.1.8 you are in compliance with, and shall continue to comply with, all applicable laws and regulations as they relate to this Agreement;
4.1.9 where persons under the age of 18 years appear in the Contributor Materials and/or are named in the Information, you are either the child’s parent or guardian or you have obtained written permission from the relevant parent(s) or guardian(s) to use the Content as contemplated in this Agreement. We reserve the right to request such written proof of the same;
4.1.10 you have provided, or shall promptly provide upon request, all clearances, consents, licenses, permissions, releases, waivers and other documents necessary to grant the rights set out at clause 3 to us and to enable us to use the Content in connection with the Project (including any documents relating to the waiver of any moral rights, personality rights and/or publicity rights applicable to any person appearing in the Contributor Materials and/or named in the Information) (the “Clearances”); and
4.1.11 you have made, or shall promptly make, any/all payments due to any third parties in connection with the Clearances to enable us to use the Content as described above (including any license fees and/or any payments applicable to the waiver of any moral rights, personality rights and/or publicity rights). You hereby expressly acknowledge and agree that we shall not be liable for any such payments. You expressly confirm that you undertake to make any payment due now or in the future under any license or other agreement which you are a party to, in respect of the Content, and such liability to do so shall remain with you at all times.
4.2 You hereby waive (in favor of us and all our assignees and successors in title) all moral rights in the Content to which you may be entitled under any applicable law anywhere in the world (including under the Visual Artists Rights Act of 1990, as amended and/or replaced from time to time) to the extent necessary for us to exploit the rights set out at Clause 3 in accordance with the terms of this Agreement.
4.3 You hereby expressly acknowledge and agree to indemnify us, on a full indemnity basis and at all times keep us indemnified against any and all actions, claims, costs, damages, losses and/or liabilities (howsoever arising or incurred against us) arising out of or in connection with any breach or non-performance by you of any of the warranties and undertakings contained in this Agreement, in perpetuity.
5. Data Protection
5.1 For the purpose of processing the Content in connection with Project, and in order to comply with applicable laws, regulations and procedures, we (and where applicable our employees and duly authorised agents and advisers) will need to collect, store and otherwise process certain personal data relating to you.
5.2 The Foundation will comply with all of our respective obligations under the Data Protection Laws.
5.3 Please read our Privacy Policy (found at https://womensmonument.org/privacy-policy), which explains our processing of your personal data and sets out our compliance with the Data Protection Laws.
5.4 Reference to the Privacy Policy incorporates its terms into this Agreement.
6. Limited Liabilities of the Company
6.1 Under no circumstance is the Foundation or our employees, officers, independent contractors, authors, agents, representatives, assignees and successors, to the extent permitted by law, liable to the you or any other person or entity, for any direct or indirect losses, injuries, or incidental or consequential damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information, other incidental or consequential damages, or any other pecuniary loss) with regard to the Content provided by you, or arising from or in connection with the use of the Content provided by you or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of the services, content or materials, including, without limitation, any losses due to server problems or due to incorrect placement of HTML or other programming languages.
6.2 Notwithstanding the foregoing express limitations of liability, should we or our employees, officers independent contractors, authors, agents, representatives, assignees and successors be held liable for damages, injuries, or losses of any kind, directly or indirectly resulting from the Content provided by you, the aggregate liability arising with respect to and under this Agreement for any and all claims, injuries, damages, or losses will not exceed $100.
6.3 Nothing in this Agreement limits or excludes our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or anything else that cannot be excluded by law.
7. Termination and Duration of Agreement
7.1 This Agreement shall commence on the date we receive the Content and shall continue on for perpetuity.
7.2 All of your warranties, indemnities and obligations, which by their nature are designed to survive to the termination of this Agreement, will extend beyond the termination of this Agreement.
8. Assignment
8.1 We reserve the right and may at any time and without limitation, freely assign all or part of our duties, obligations and benefits hereunder. You duly acknowledge and accept this assignment upon communication by us.
8.2 Any and all promises, obligations, duties and warranties made by you in this Agreement are personal to you and neither these promises, obligations, duties and warranties, nor any benefits hereunder may be assigned by you to any other person or entity.
9. Miscellaneous
9.1 In case we fail to enforce the terms laid out in this Agreement, any of the specific provisions of this Agreement will neither preclude any other or further enforcement of such provision(s), nor the exercise of any other right hereunder.
9.2 We reserve the right to change the terms of this Agreement by notice in writing to you. This is the entire agreement between us and you and no other written in oral agreement will supersede the provisions stated in this Agreement, unless submitted in writing and signed by us as an express amendment of this Agreement.
10. Force Majeure
10.1 We shall not bear any liability for any failure or delay in the performance of our obligations under this Agreement if such delay or failure to perform is due to any Force Majeure Event. For the purpose of this Agreement a Force Majeure Event means any act, omissions, cause or circumstance beyond our reasonable control, include without any limitation, acts of God, war, national emergency, protests or rebellion, civil commotion, riots or strikes and any form of industrial dispute, (whether or not involving either parties work force), earthquake, flood, drought, epidemic, fire, explosion, act of terrorism, pandemic or epidemic, or any other act ordered by any government, council or constituted body.
11. Jurisdiction and Applicable Law
11.1 Under this Agreement and all matters resulting from it, including disputes and resolutions referred, will be governed by and construed in accordance with the laws of Colorado, notwithstanding conflict of law provisions and other mandatory legal provisions.
11.2 You and we irrevocably submit to the exclusive jurisdiction of the courts of Colorado for the purposes of hearing and determining any dispute arising out of this Agreement.
12. Contact Us
If you have any questions, comments or enquiries regarding the Website or this Agreement, please contact:
Women’s Suffrage National Monument Foundation
1763 Columbia Rd NW
Ste 175 PMB 668856
Washington, D.C. 20009
ideas@womensmonument.org