User Generated Content
Terms & Conditions
Houghton Mifflin Harcourt (HMH) values social media contributions from the educators and administrators that we serve. Sometimes, HMH will comment on a social media user’s post asking permission to feature it on our social media channels, Shaped blog, paid social media ads, various sites, and in promotional materials. This comment will read:
Hi, [username/name here]! We would love to credit you and share your photo with our followers on social media. Please review our rules here [www.hmhco.com/UGC] and reply with #HMHYes if you agree to our terms. Thank you!
By providing your social media content, comments or feedback, you grant us the right to use your content, comments and feedback for all purposes. No compensation will be paid with respect to our use of your content, comments or feedback.
General. HMH may now or in the future offer our users the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available messages, avatars, text, illustrations, files, images, articles, books, course materials, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding HMH licensed elements included therein, "User-Generated Content"). Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
Non-Confidentiality of Your User-Generated Content. You agree that: (a) your User-Generated Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them "confidential," "proprietary," or the like – and will not be returned, and (b) to the maximum extent permitted by applicable law, HMH does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon HMH's request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.
In your communications with HMH, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitations, ideas, concepts, inventions, or designs for music, web sites, apps, software, books, scripts, screenplays, motion pictures, television shows, theatrical productions, or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us are deemed User-Generated Content and licensed to us as set forth below. In addition, HMH retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. HMH's receipt of your Unsolicited Ideas and Materials is not an admission by HMH of their novelty, priority, or originality, and it does not impair HMH's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
License to HMH of Your User-Generated Content. You hereby grant to HMH, and you agree to grant to HMH, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to HMH to your User-Generated Content, you also hereby grant to HMH, and agree to grant to HMH, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted.
Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant HMH the rights to it that you are granting by these Terms, all without any HMH obligation to obtain consent of any third party and without creating any obligation or liability of HMH; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to HMH's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms, or cause injury or harm to any person.
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