Volunteer Subtitle Translation Agreement


PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.  BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE CLICK THE “DO NOT ACCEPT” BUTTON.  

1. Volunteer Service I hereby volunteer to provide language translation services to Corporation of the President of The Church of Jesus Christ of Latter-day Saints, in cooperation with Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, and other affiliated legal entities (collectively “Church Legal Entity”) of The Church of Jesus Christ of Latter-day Saints (the “Church”), as requested from time to time in connection with one or more projects to translate Church video subtitles into various languages.  I agree that I will be serving as a volunteer and not as an employee or independent contractor of the Church Legal Entity.  I am under no obligation, legal or otherwise, to perform these services and may cease doing so at any time and for any reason.  I acknowledge and agree that the Church Legal Entity is not required to use my volunteer services and may cease doing so, or may terminate this agreement, at any time and for any reason.  I understand that I will not receive any pay, compensation or other employment related benefits for my service as a volunteer, including for any assignment, license or waiver of rights under Section 7 below.  As set forth in Section 7 below, I also acknowledge and agree that any work product I create as part of my volunteer service, and all intellectual property rights therein, will be owned by the Church Legal Entity.

2. Volunteer Policies and Procedures I have read and am familiar with the Church Legal Entity’s policies and procedures for volunteers, and I agree to follow them. 

3. Volunteer Conduct I understand that my conduct as a volunteer may reflect upon the Church Legal Entity and the Church.  I agree to avoid making statements or behaving in such a way as to damage the good name of the Church Legal Entity or the Church. To the best of my ability, I will not do anything which will cause harm to the Church Legal Entity or the Church, or which will, in any way, injure the reputation of the Church Legal Entity or the Church.

4. Amara Editor Software.  In connection with my participation in the Project, I will be granted access to an online video content and subtitling management platform known as the “Amara Editor.”  The Amara Editor includes proprietary software owned or controlled by Amara, a project of the Participatory Culture Foundation, and is being provided to me by way of a license granted to the Church Legal Entity.  My use of the Amara Editor is subject to the terms of the license granted by Amara to the Church Legal Entity, and is also subject to the Amara Editor Terms of Service.  I agree that I may only use the Amara Editor in my role as a volunteer translator of Church video subtitles, and for no other purpose.  I may not (i) reproduce, redistribute, or use the Amara Editor software; (ii) give or sell to any other person copies of the Amara Editor software in any medium; (iii) modify, reverse engineer, or decompile the Amara Editor software; or (iv) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Amara Editor software in a manner that sends more request messages to the Amara servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; (v) collect or harvest any personally identifiable information, including account names, from the Amara Editor; (vi) use the communication systems provided by the Amara Editor (e.g., comments, email) for any commercial solicitation purposes; or (vii) copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content obtained from the Amara Editor. Violating the terms of this agreement may subject me to liability for copyright infringement.  I acknowledge that content displayed to me through the Amara Editor is AS IS, and neither Amara nor the Church Legal Entity is responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any such content.

5. Confidentiality In connection with my service as a volunteer, I may have access to confidential information regarding the Church Legal Entity or the Church and their respective operations (“Confidential Information”).  Confidential Information is (a) any information which is not released by the Church Legal Entity or the Church to the general public, (b) any information which is marked “confidential,” and (c) any information concerning the Church Legal Entity or the Church regarding:  operations; functions; ecclesiastical programs; projects; administration; finances; writings; policies; procedures; human resources documents and personnel records; and statistical and membership records information. I agree to hold in complete confidence and not disclose Confidential Information to any third parties, or to employees of the Church Legal Entity who do not have a need to know, without the written permission of the Church Legal Entity.  If I have questions about what constitutes Confidential Information, I should ask my supervisor or the manager of the Project.  I acknowledge that I understand and agree that the provisions of this agreement relating to Confidential Information shall remain in full force and effect at all times during and after the conclusion of my volunteer services.

6. Standards of Conduct I acknowledge that the Church Legal Entity is committed to the highest standards of honesty and integrity in all of its operations, and I agree to follow these standards strictly.  I will not use my position as a volunteer for personal gain. I will not engage in conduct that violates anti-bribery laws of the jurisdiction(s) where I perform services or the United States Foreign Corrupt Practices Act (“FCPA”).

7. Ownership of Material.

a.      I acknowledge that the Material (as defined below) is a “work made for hire” as defined in Section 101 of the Copyright Act of 1976.  Intellectual Reserve, Inc., or such other Church Legal Entity designated from time to time by Intellectual Reserve, Inc. (collectively, the “Owner”) is and shall be considered the author of the Material for all purposes and, at all stages of completion, the sole and exclusive owner, throughout the universe in perpetuity, of all right, title and interest in and to the Material and each and every part thereof, including all copyrights therein, all renewals and extensions of such copyrights, all neighboring rights, and all other ownership and exploitation rights of any kind, nature or description in, to and with respect to the Material that may be secured under the laws now or hereafter in effect in the United States of America or any other jurisdiction (collectively, the “Rights”).  For purposes of this agreement, “Material” shall include all material of whatever kind or nature, that I create, produce or deliver in connection with my volunteer services under this agreement, and all results and proceeds of my volunteer services hereunder, including all work product.  Material shall include, without limitation, subtitles to Church videos that I translate from one language to another.  The Rights shall include, without limitation, the right to authorize, prohibit and/or control the production, reproduction, fixation, adaptation, distribution, rental, lending, performance, broadcasting, communication to the public, incorporation into other works, and other exploitation of the Material in any and all media and by any and all means now known or hereafter devised, the right to be identified as the author of the Material, and the right to make such changes therein and such uses and dispositions thereof as Owner in its sole discretion may deem necessary or desirable.    

b.      If and to the extent that, under any applicable law, the Material is not deemed a work made for hire for Owner, or Owner is not deemed to be the author of the Material and the sole and exclusive owner of the Material and all right, title and interest therein (including all of the Rights), then to the fullest extent allowable and for the full term of protection otherwise accorded to I under such applicable law, I hereby irrevocably assign, grant and transfer to Owner throughout the universe in perpetuity all of the Rights and, in connection therewith, all of my right, title and interest in, to and with respect to any works now or hereafter created containing the Material. 

c.      If and to the extent that, under any applicable law, the foregoing assignment and transfer of ownership is not deemed valid, or if Owner is not deemed to be the author of the Material and the sole and exclusive owner of the Material and all right, title and interest therein, then to the fullest extent allowable and for the full term of protection otherwise accorded to I under such applicable law, I hereby irrevocably grant to Owner and to all affiliates of Owner worldwide an unrestricted, exclusive, royalty-free license to use the Material throughout the universe in perpetuity, with such license including all of the Rights. 

d.      If and to the extent not transferred or conveyed to Owner under the other sections above, then to the fullest extent allowable under any applicable law, I hereby irrevocably waive any and all rights of “droit moral,” “moral rights of authors,” author’s rights, personal rights, or similar rights (collectively referred to as the “Special Rights”) which I may now or later have in the Material and any other works now or hereafter created containing the Material. 

e.      If and to the extent that under any applicable law I am unable to waive the Special Rights or such waiver is invalid or unenforceable, I covenant not to sue or otherwise enforce any of the Special Rights against Owner or any affiliate of Owner anywhere in the world.    

f.      If and to the extent that such covenant and all other provisions in this Section 7 are invalid or unenforceable under applicable law, then to the fullest extent allowable under any applicable law, I hereby transfer and/or license (transfer is preferred), or undertake to transfer and/or license (transfer is preferred), to Owner and to all affiliates of Owner, all copyrights, neighboring rights, and all other exploitation rights in and to the Material, including without limitation, the right to create derivative works based on the Material and otherwise change, edit, add to, take from, adapt, reformat and process the Material, and to publish, reproduce, broadcast, distribute and otherwise communicate the Material (and any derivative works thereof) to the public by the use of all known technical means and techniques, and in all respects to have rights in and to the Materials as nearly identical to the rights of authorship and ownership as the law permits.  

g.      Nothing contained in this agreement shall be deemed to require Owner to reproduce or otherwise use the Material or any part thereof; and I hereby release Owner from any liability for any loss or damage I may suffer by reason of Owner’s failure to use the Material.   

h.      The provisions of this Section 7 shall remain in full force and effect at all times during and after the conclusion of my volunteer services.

8. Warranties.  I represent and warrant that I am either (i) 18 years of age or older and the author of work product submitted to the Church Legal Entity, or (ii) the parent or legal guardian of the author of any such work product who is under 18 years of age and I consent on behalf of the minor author to the collection and use of the work product and personal information of the author.  I also represent and warrant to the Church Legal Entity that any work product I create as part of my volunteer services (i) was created by me or by my minor child on whose behalf I have submitted the work product; (ii) does not defame or violate the rights of any person, including rights of publicity, personality, privacy, or otherwise; (iii) does not include material that is obscene, offensive, objectionable; and (iv) does not include material that is contrary to the standards of behavior taught by the Church.

9. Use of Other Material.  I understand and agree that if, in the course of creating or producing Material (defined in Section 7 above), I intend to use any materials that were created by or obtained from another person, or if I intend to request or use the services of any other person to assist in creating or producing the Material, I will first (a) promptly notify the Church Legal Entity of such intended use or request to use, and (b) obtain in writing for the Owner (defined in Section 7) the legal rights in and to any and all material created or provided by, or obtained from, such other person, which rights shall in no event be less favorable than Owner’s rights in and to the Material pursuant to Section 7 above. 

10. Data Privacy I understand that the Church Legal Entity maintains records containing personal information about me which may include, but is not limited to:  name, age, address, marital status, educational background, employment history, areas of expertise, Church service and location of Church membership.  The Church Legal Entity uses this information to administer its volunteer service program.  The Church Legal Entity’s administrative staff is located in Salt Lake City, Utah. The Church Legal Entity has adopted a data privacy policy and security measures to help ensure the confidentiality of information in all databases and manual files.  I hereby consent to the Church Legal Entity’s collection, use, processing, disclosure and transfer of my personal information for the purposes described above. 

11. No Insurance I understand that I am not covered by insurance of any kind or nature, and that I must provide my own medical insurance in the event I am injured or become ill in the course of my volunteer services.   

12. Conclusion of Services All materials I receive or have access to during my service period with the Church Legal Entity, remain the property of the Church Legal Entity during and after my service period.  At the end of my service period I will return to the Church Legal Entity all materials, including but not limited to Confidential Information and Material relating to my volunteer services.

13. Severability.  I understand and agree that if a court of competent jurisdiction holds any one or more of the provisions of this agreement to be invalid or unenforceable, such a holding will not affect the validity and enforceability of any other provision of this agreement.  I also understand that nothing in this section shall affect the right of either party to terminate my services hereunder as permitted under Section 1 above. 

14. Governing Law and Jurisdiction.  I agree that this agreement and my performance of services shall be governed by and enforced in accordance with the laws of the State of Utah, United States of America, except for its rules regarding conflict of laws.  I also agree that the state and federal courts located in Salt Lake City, State of Utah, will have exclusive jurisdiction over all controversies which may arise under or in relation to this agreement, and I hereby consent to such jurisdiction and process and waive any rights I may have to any other venue to which I might be entitled to seek recourse by virtue of domicile, habitual residence or otherwise.

By clicking on the “Accept” button, I acknowledge and agree that I have reviewed and understand this agreement and that I agree to comply with the terms of this agreement. If I do not agree to all of the terms of this agreement, I will click the “Do Not Accept” button.