Your use of any media including but, not limited to, videos, photos, interviews, packages, scripts, stories, text articles, audio files, infographics or any other media content (“Media”) provided to you by an authorized representative of the Media Center owned and operated by the Memorial Hermann Health System (“MHHS”) (hereinafter “MHHS Media Center”) is subject to your agreement to all of these terms and conditions (“Agreement”). By accessing or using any Media, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Media.
Eligibility. Use of any Media is only open to members, including freelancers, of print, broadcast and internet news media ("News Media") in connection with fact gathering and actual news reporting activities ("News Media Activities"). You represent and warrant that you are a member of the News Media and will only use Media provided to you by MHHS Media Center for News Media purposes. You agree to not use any Media to provide any medical advice.
Use of Content. Subject to the terms of this Agreement, MHHS grants to you and your News Media organization, to the extent you are an employee or agent of such organization, the non-exclusive right to publish, broadcast or air the Media in connection with news reporting in the following formats: broadcast television and radio news programming; online news content; social media; news podcasting; and print newspapers and newsletters. You may not use the Media in any manner to advertise, endorse, or sell any commercial product or use the Media in any way that suggests an association with MHHS; edit the Media in a way that materially changes the meaning of the content or makes it inaccurate; make derivative works from or alter any portion of the Media; remove any copyright and trademark notices, or other notices or markings on the Media; or use the Media for any illegal purpose, or in a way that violates any law, rule or regulation, or the rights of any third party.
The Media is considered educational and/or informational only and is not designated to replace the need to consult with a health care provider for advice about symptoms or a specific medical condition.
Termination. MHHS may terminate your use of any Media at any time if you violate the terms of this Agreement, or if your use of the Media in any way materially, negatively impacts MHHS. If MHHS notifies you to stop your use of any Media pursuant to this Agreement, you must immediately cease all use of the Media.
Ownership. You understand and agree that all rights, of whatever nature (including, without limitation, any copyrights), in and to the Media are and shall be owned exclusively by MHHS and you or your organization shall have no rights, license, title or interest in and to the MHHS Media except with respect to any licensed rights granted to you in this Agreement.
Release. You acknowledge and agree that MHHS Media Center, its officers, directors, employees, representatives, affiliates, agents, and each of their successors and assigns (“Representatives”) will not be liable for any acts or omissions, including any damages of any kind, that are related to your use of any Media and will hold MHHS and its Representatives harmless from and against any and all claims, actions, demands, proceedings, liabilities, damages, judgments, fines, settlements, and costs (including attorneys’ fees) at any time arising, directly or indirectly, in connection with this Agreement.
No Warranties/Limitation of Liability. YOU UNDERSTAND AND AGREE THE MEDIA PROVIDED BY MHHS IS PROVIDED ON AN "AS IS" BASIS. MHHS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE MEDIA PROVIDED BY MHHS. THE USE OF ANY MEDIA IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL MHHS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE MEDIA PROVIDED BY MHHS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE MEDIA IS TO STOP USING IT.
Dispute Resolution. You agree that any dispute or claim related to your use of any Media is subject to the exclusive jurisdiction of the state or federal courts in Harris County, Texas and will be adjudicated pursuant to the laws of the state of Texas.