Terms of Service

1. Acceptance of Terms

By accessing and using YearbookVault ("Service"), you ("Subscriber" or "School") agree to be bound by these Terms of Service ("Terms"). If you are entering into this agreement on behalf of a school or school district, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

YearbookVault provides a cloud-based platform for archiving, indexing, and displaying historical yearbooks. The Service is intended for use by authorized School Administrators to showcase school history.

3. Subscriber Responsibilities & Warranties

You acknowledge and agree that:

• Authority: You have the legal authority to upload and distribute the content contained in the yearbooks.
• Copyright Clearance: You warrant that the School owns the copyright to the yearbooks or has obtained all necessary licenses from third parties (including photographers or publishers like Jostens/Lifetouch) to digitize and display the content.
• Privacy Compliance: You represent that the content consists of "Directory Information" under FERPA or that you have obtained necessary consents. You agree to handle any "opt-out" requests from students or parents directly.

4. Content Ownership & License

Ownership: The Subscriber retains all rights and ownership of the Data and Content uploaded to the Service. YearbookVault claims no ownership over your yearbooks.

License: By uploading Content, you grant YearbookVault a worldwide, non-exclusive, royalty-free license to host, copy, display, and adapt the Content solely for the purpose of providing the Service to you (e.g., creating thumbnails, indexing text for search).

5. Indemnification (Crucial)

You agree to defend, indemnify, and hold harmless YearbookVault, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any copyright, trademark, or privacy right.
• Any claim that Content uploaded by you caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

6. Digital Millennium Copyright Act (DMCA) Notice

If you believe that materials available on the Service infringe your copyright, please notify our designated Copyright Agent. We respond expeditiously to valid notices of copyright infringement and will terminate accounts of repeat infringers.

DMCA Agent Contact: 23hashbarger@gmail.com

7. Limitation of Liability

In no event shall YearbookVault be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; or (ii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

10. Contact Us

If you have any questions about these Terms, please contact us.

Email: 23hashbarger@gmail.com