Terms of Use | Democratic Video Research Archive

DEMOCRATIC VIDEO RESEARCH ARCHIVE

TERMS AND CONDITIONS OF USE

Date of Last Revision: August 7, 2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE DEMOCRATIC VIDEO RESEARCH ARCHIVE (THE “ARCHIVE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE ARCHIVE.

These terms and conditions of use ("Terms of Use") apply to your access to, and use of, the Archive service and all related tools, web sites and features (the "Service"), which is operated by DNC Services Corporation / Democratic National Committee (the "DNC", "we" or "us"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with the DNC, or its subsidiaries or affiliates, for products, services or otherwise.

If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and the DNC for violations of these Terms of Use.

If you were granted access to the Service on behalf of a specific entity or client, you understand that you may only use the Service on behalf of the specific entity or client on whose behalf you were granted access.

To the full extent permitted by applicable law, the DNC reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Service, at any time and in its sole discretion by providing notice the Terms of Use have been modified. Such notice may be provided by sending an email, by posting a notice on the Service, by posting the revised Terms of Use on the Service and revising the date at the top of these Terms of Use or by such other form of notice as determined by the DNC. Your continued use of this Service following the posting of the revised Terms of Use or other notice of such changes will constitute your acceptance of such changes or modifications. Otherwise, any changes or modification will be effective within thirty (30) days of the posting of the revisions on the Service unless you notify the DNC within such thirty (30) days that you do not agree to the changes and stop using the Service.

All questions or comments about the Service or its contents should be directed to video_d@dnc.org.

1. Privacy Policy

Please refer to our Privacy Policy for information on how the DNC collects, uses, and discloses personally identifiable information from its users.

2. Description of the Archive Service

The Democratic Video Research Archive provides Democratic committees across the country who have created an account on the Service ("Authorized Users") with a searchable database of videos which includes original videos taken and uploaded by or on behalf of the DNC ("DNC Videos"), videos uploaded by Authorized Users ("User Videos") and third-party videos, such as news programming, recorded by or on behalf of the DNC ("Third-Party Videos"). The DNC Videos, the User Videos, the Third-Party Videos and any other videos contained in the Archive are referred to collectively as the "Videos." The Archive enables Authorized Users to search Videos, and your ability to search and access other User Videos will depend upon the settings selected by the organization uploading the Video. All use of the Archive is solely for informational, political, research, and other noncommercial use by Authorized Users.

The Service also enables you to upload User Videos, which will then be searchable and accessible through the Archive depending on the settings you select. Your uploading of User Videos is subject to the terms set forth in these Terms of Use.

The Service allows you to send links to Videos to other Authorized Users. You may not send such links to anyone who is not an Authorized User of the Service or otherwise send or attempt to send Videos to any third parties. You may also be allowed to download clips of the Videos to which you have access (the "Video Clips"). Video Clips may not be longer than 15 minutes.

3. Use of the Archive Service

The Archive and the Archive web site includes text, graphics, pictures, videos, designs, logos, information, layouts, data, software, and other content and materials that are proprietary to the DNC (the "Archive Materials") and that are protected by U.S. and international copyright and other laws. Your use of the Archive and any Archive Materials is subject to these Terms of Use and you agree to abide by all restrictions and conditions set forth herein. Authorized Users are granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Service and the Archive Materials solely for internal, noncommercial use for informational, political, and research purposes. Such license does not include: (a) any resale or commercial use of the Service; (b) the distribution, public performance or public display of any Videos or Archive Materials, or portions thereof, except as expressly permitted in these Terms of Use; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading of any portion of the Service, the Videos or the Archive Materials, or any information contained therein, except as expressly permitted on the Service; or (g) any use of the Service or the Archive Materials other than for its intended purpose. Any use of the Service, the Archive Materials or the Videos other than as specifically authorized herein, without the prior written permission of the DNC or the applicable rights holder, is strictly prohibited except as otherwise permitted by law and may result in the termination of the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. The licenses granted in these Terms of Use are revocable at any time.

4. Use of Videos and Video Clips

All use of the Videos and Video Clips is permitted solely for internal informational, political, research, and other noncommercial use by Authorized Users and is subject to the terms, conditions and limitations set forth in these Terms of Use. With respect to Third-Party Videos, or any User Videos which contain any third-party videos or other content, your access to such Videos and any Video Clips from such Videos are provided solely for your internal research purposes, and the DNC does not grant you any rights with respect to any such Videos or Video Clips. In the event that you wish to reproduce, distribute or make any other use of any Videos or Video Clips, you are solely responsible for securing all necessary rights to do so from the copyright owner of the Videos and anyone appearing in the Videos or for determining that you do not need to secure such rights, and for determining and complying with any other legal requirements applicable to your use of the Video or Video Clip. All such use is at your own risk and is not authorized or licensed by the DNC. With respect to any Video Clips from DNC Videos or User Videos to which you are given access, you are granted a limited, nonexclusive, nonsublicensable license to reproduce, distribute, perform and display such Video Clips, or portions thereof, solely for political, research and other noncommercial purposes, subject to: (a) any rights of third parties (other than Authorized Users) with respect to any materials contained in any DNC Videos or User Videos, including rights of publicity and privacy of anyone appearing in such Videos (the "Third-Party Rights"); (b) the terms and conditions set forth in these Terms of Use; and (c) any other legal requirements applicable to your use of the Video or Video Clip. You are solely responsible for securing all necessary Third-Party Rights or for determining that you do not need to secure such rights before making any use of any Videos or Video Clips, and you agree not to make any use that infringes upon or violates any rights in any Third-Party Videos or any Third-Party Rights.

5. User Videos

You are solely responsible for any User Videos you upload to the Service. You agree not to upload any User Videos that: (a) infringe upon or violate the copyright, trademark, trade secret or other rights of any third parties; (b) are unlawful, defamatory, obscene, invasive of privacy or publicity rights, fake, deceptive or fraudulent; (c) contain any viruses, corrupted data or other harmful, disruptive or destructive files; or (d) may expose the DNC or the users of the Service to any harm or liability of any type.

The DNC takes no responsibility and assumes no liability for any User Videos accessible through the Service. The DNC is also not responsible or liable for any loss or damage to any User Videos you upload to the Service. Your use of the Archive is at your own risk. Enforcement of the user content rules set forth in these Terms of Use is solely at the DNC's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules. Although the DNC has no obligation to screen, edit or monitor any of the User Videos uploaded to the Service, the DNC reserves the right, and has absolute discretion, to remove, screen, or edit any User Videos uploaded to the Service at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Videos you post or store on the Service at your sole cost and expense. Any use of the Service in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Service.

If you upload or otherwise post User Videos to the Service, you grant the DNC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Videos throughout the world in any media, and to share the User Videos you post with other Authorized Users subject to the user settings you select. You represent and warrant that you own and control all of the rights to the User Videos that you post, or you otherwise have the right to post such User Content to the Service, and that the User Videos are accurate and not misleading and do not violate these Terms of Use or the rights of any third party.

6. Restrictions

You further agree that you are solely responsible for your conduct, and the conduct of anyone acting under your account, in connection with the Service, and you agree that you will not do any of the following in connection with the Service:

Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
Engage in data mining, robots or similar data gathering or extraction methods;
Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use; or
Circumvent or attempt to circumvent any filtering, security measures or other features the DNC may from time to time adopt to protect the Service, its users or third parties.
Access, store, distribute, or transmit any viruses, malware, or the like, or any material that: (i) is unlawful, harmful, threatening, infringing, libelous, defamatory, obscene, harassing or racially or ethnically offensive, or facilitates illegal activity; (ii) violates the privacy or infringes the rights of others; (iii) depicts sexually explicit images; (iv) promotes unlawful violence; (v) is discriminatory based on race, gender, color, religious belief, sexual orientation, gender identity, or disability; or (vi) causes damage or injury to any person or property.
Access the Service for any reason other than internal, noncommercial use for informational, political, and research purposes;
Except to the extent expressly permitted under these Terms of Use, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service in any form or media or by any means (including any software, data, or information included on or forming part of the Service);
Except to the extent required to be permitted by applicable law, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service;
Access all or any part of the Service in order to build a product or service which competes with the Service;
Except as permitted by these Terms of Use, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party;
Obtain, or assist third parties in obtaining, unauthorized access to the Service;
Carry out unauthorized invisible processing when using the Service (including placing web bugs and other monitoring devices on computers accessing the Service) or attempt to gain access to or gain access to information which contains enquiry or transaction volumes relating to use of the Service;
Introduce or create on the Service any virus, worm, trojan horse, cancelbot or other destructive or contaminating program or file; or
Directly or indirectly assist another to perform acts prohibited in these Terms of Use.

7. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, the DNC has adopted a policy of terminating, in appropriate circumstances and at the DNC's sole discretion, subscribers or account holders who are deemed to be repeat infringers. The DNC may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Copyright Complaints

If you believe that anything on the Service infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Monica Guardiola

Full Address of Designated Agent to Which Notification Should be Sent: 430 S. Capitol St. SE, Washington, DC 20003

Telephone Number of Designated Agent: (202) 863-8000

E-Mail Address of Designated Agent: dmca@dnc.org

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

9. Trademarks

The Archive and any DNC product or service name, logo or slogan contained in the Service are trademarks of the DNC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the DNC or the applicable trademark holder. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the DNC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

10. Third Party Content

The Archive includes or may link to the content of third parties including the Third-Party Videos (collectively the "Third-Party Content") as a service to those interested in this information. The DNC does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the DNC is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

11. Registration Data; Account Security

In consideration of your use of the Service, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the DNC, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the DNC. You will use your best efforts to prevent any unauthorized access to, or use of, the Service and/or any information or data contained in or derived from it, and shall notify DNC promptly of any such unauthorized access or use.

12. Indemnification

You agree to defend, indemnify and hold harmless the DNC, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, actions, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Videos you upload to the Service, your use of the Service or any Videos or Video Clips, your conduct in connection with the Service, your violation of these Terms of Use or your violation of the rights of any third party.

13. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE DNC, THE SERVICE, THE ARCHIVE MATERIALS, THE VIDEOS, AND THE VIDEO CLIPS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DNC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE ARCHIVE MATERIALS, THE VIDEOS AND THE VIDEO CLIPS, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. THE DNC DOES NOT REPRESENT OR WARRANT THAT SERVICE, THE VIDEOS OR THE ARCHIVE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE THE DNC ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE AND THE VIDEOS SAFE, THE DNC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

The DNC reserves the right to change any and all content contained in the Service and to modify, suspend or discontinue the Service or any features or functionality of the Service at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the DNC.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE DNC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE, THE VIDEOS, THE VIDEO CLIPS, THE ARCHIVE MATERIALS OR ANY OTHER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE DNC OR THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE DNC'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DNC AND ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE OR THE SERVICES OR TO THESE TERMS OF USE EXCEED $100.

15. Applicable Law and Venue

These Terms of Use and your use of the Service shall be governed by and construed in accordance with the laws of the District of Columbia, applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

16. Termination

Notwithstanding any of these Terms of Use, the DNC reserves the right, without notice and in its sole discretion, to immediately terminate your license to use the Service, and to block or prevent your future access to and use of the Service.

17. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.