We are building a library, and libraries are by nature public, so all of the Not Forgotten video archives will ultimately be available to the public. When you sign up for the Services, you will be asked whether you want your Video to be made publicly available “immediately” or at a future point in time (the date on which the Video is made publicly available is referred to as the “Public Availability Date”). As the creator of the Video, you can select any of the following options as the Public Availability Date for your Video: (i) “immediately” (i.e., the Video will be publicly available when the Video has been fully processed and finished), (ii) 10 years after creation of the Video, (iii) 25 years after creation of the Video, or (iv) 50 years after creation of the Video.”
What It Means for Your Video To Be Publicly Available:
1. If you indicate that you want your Video to be “publicly available” on our primary Website as soon as it has been created, then we will share a watermarked version of the Video on the Not Forgotten site (and possibly other platforms) at that point in time. We will determine the length of time that we make the Video publicly available on our Website.
2. In addition, we will make the Video available to the public via the Cloud Storage Facility and the Long-Term Storage Vault on the Public Availability Date. (You agree that, beginning on the Public Availability Date, anyone may use the Video URL to access the cloud version of the Video from the Cloud Storage Facility (provided he/she complies with the conditions imposed by the entity storing the Video, such as the payment of any required retrieval fees), as well as the hard copy of the Video in the Long-Term Storage Vault.) In addition, beginning on the Public Availability Date, we or our partners may also transcribe some or all of the content of the Video (through A.I. technology or otherwise) and make that transcription publicly available.
3. Once your Video becomes publicly available, you understand and agree that you will not have control over the ways in which third parties may use the Video and its content, including your voice, image, and likeness.
4. Not Forgotten reserves the right: (i) to make, in our sole discretion, any videos whose contents it deems inappropriate or controversial private (i.e., not publicly available on our Website(s)) or (ii) not post a video at all, in cases where the content of a video contains content that Not Forgotten decides, in our sole discretion, may pose a legal or other risk to Not Forgotten or the subject of the video. In the event that Not Forgotten does not post a video all to the Website(s) (either publicly or privately) for any of the reasons set forth in the preceding sentence, it shall refund any amounts paid by the customer. Please note that all videos, whether categorized as “publicly available” or “private,” will be indexed and discoverable in accordance with Section II.G below.
