User Content License. By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you. Some of our Sites may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. You should refer to the applicable Chat and its hyperlinks to learn more. A Site may provide features that enable you to get support for certain products including a chat feature, a support email address, or a telephone hotline. Information collected via these support methods is subject to our Privacy Policy. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered User Content. BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN YOU ARE AGREEING TO THE DISPUTES, ARBITRATION AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY. You may be able to sign up to a text message marketing campaign from a Site or through another method provided by us. You can opt out of any text message marketing program by replying STOP to the text message. You can reply HELP on many text message marketing programs to receive more information, including a customer contact number. Message and data rates may apply to any text message marketing program, and consent to a program is not required for any purchase. Text message marketing programs may send automated reoccurring texts. Neither the Company nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message marketing program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs. Our Privacy Policy applies to text message marketing programs. Some of our Sites allow you to register for accounts specific to you for ordering, and other purposes (“Account”). In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or email address) for any reason in our sole discretion. For example, we may reject a user ID (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site. If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people. You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Account, including, without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on a Site. Some Sites may contain blogs with information about how to use a product. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us, but are not a representation or warranty about a product and should not be relied upon as such. Sites may allow you to leave product reviews, opinions or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content. Sites may contain expert opinions. Information on Sites identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company. Sites may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same. Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party Content on our Sites. We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols. We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, TikTok, Pinterest and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Appears in 4 contracts
Samples: Terms of Use Agreement, Terms of Use Agreement, Terms of Use Agreement
User Content License. By submitting When you post User Content to us directly on the Site or indirectly (including through any use of third party social media platforms directed at us)the Site Services or provide Upwork with User Content, you grant to us (or represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting or providing such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such information User Content and material has expressly that Upwork may exercise the rights to your User Content granted under the Terms of Service without any liability or obligation for any payment. You retain all ownership rights in any User Content you post on Upwork. To the extent permitted by applicable law, you also grant to us) Upwork and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) non-exclusive, worldwide license to use, reproduce, display, modify, adapt, publish, performlist information regarding, edit, translate, transmit distribute, publicly perform, publicly display, and distribute or otherwise make available to others derivative works of all such User Content (and your name, voice, and/or likeness as contained in your User Content, in whole or in part part, and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, productor technology, service or technology whether now known or hereafter developed developed, for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any Site and all media Upwork’s (and for advertising or promotional purposes. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy successors’ and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you. Some of our Sites may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. You should refer to the applicable Chat and its hyperlinks to learn more. A Site may provide features that enable you to get support for certain products including a chat feature, a support email address, or a telephone hotline. Information collected via these support methods is subject to our Privacy Policy. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered User Content. BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN YOU ARE AGREEING TO THE DISPUTES, ARBITRATION AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY. You may be able to sign up to a text message marketing campaign from a Site or through another method provided by us. You can opt out of any text message marketing program by replying STOP to the text message. You can reply HELP on many text message marketing programs to receive more information, including a customer contact number. Message and data rates may apply to any text message marketing program, and consent to a program is not required for any purchase. Text message marketing programs may send automated reoccurring texts. Neither the Company nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message marketing program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs. Our Privacy Policy applies to text message marketing programs. Some of our Sites allow you to register for accounts specific to you for ordering, and other purposes (“Account”). In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or email addressAffiliates’) for any reason in our sole discretion. For example, we may reject a user ID (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site. If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people. You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Accountbusiness, including, without limitation, terminating for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non- exclusive license to access your AccountUser Content through the Site and to use, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any timereproduce, distribute, display, and we are perform such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of this Agreement, our Privacy Policy, and applicable law. Notwithstanding the foregoing paragraph, Upwork will only use or disclose User Content you post to any non-public area of the Site to the extent necessary to provide Site Services to you as further described in our Privacy Policy. The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant Upwork and our successors and Affiliates the irrevocable and perpetual license to retain and use, but not responsible for variations between a product description publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law. You may submit comments or ideas about the Site and the actual product. Technological issuesSite Services, such as your device settings, may alter how a product appears on a Site. Some Sites may contain blogs with information including without limitation about how to use a product. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us, but are not a representation improve the Site or warranty about a product and should not be relied upon as such. Sites may allow you to leave product reviews, opinions or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content. Sites may contain expert opinions. Information on Sites identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company. Sites may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same. Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party Content on our Sites. We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols. We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, TikTok, Pinterest and Instagram, and others Services (collectively, “Social Media PagesIdeas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place Upwork under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) we are free to provide a place for people use the Ideas without any additional compensation to learn more about us and our products you and to share experiences with our productsdisclose the Ideas on a non-confidential basis or otherwise to anyone. When you visit these Social Media PagesYou further acknowledge and agree that, you are no longer on our Siteby acceptance of your submission, but rather a website operated Upwork does not waive any rights to use similar or related ideas known or developed by a third party. All comments, visuals and Upwork or obtained from sources other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCESthan you.
Appears in 2 contracts
Samples: User Agreement, User Agreement
User Content License. By submitting When you post User Content to us directly on the Site or indirectly (including through any use of third party social media platforms directed at us)the Site Services or provide Sagegroupy with User Content, you grant to us (or represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting or providing such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such information User Content and material has expressly that Sagegroupy may exercise the rights to your User Content granted under the Terms of Service without any liability or obligation for any payment. You retain all ownership rights in any User Content you post on Sagegroupy. To the extent permitted by applicable law, you also grant to us) Sagegroupy and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) non-exclusive, worldwide license to use, reproduce, display, modify, adapt, publish, performlist information regarding, edit, translate, transmit distribute, publicly perform, publicly display, and distribute or otherwise make available to others derivative works of all such User Content (and your name, voice, and/or likeness as contained in your User Content, in whole or in part part, and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, productor technology, service or technology whether now known or hereafter developed developed, for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any Site and all media Sagegroupy’s (and for advertising or promotional purposes. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy successors’ and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you. Some of our Sites may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. You should refer to the applicable Chat and its hyperlinks to learn more. A Site may provide features that enable you to get support for certain products including a chat feature, a support email address, or a telephone hotline. Information collected via these support methods is subject to our Privacy Policy. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered User Content. BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN YOU ARE AGREEING TO THE DISPUTES, ARBITRATION AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY. You may be able to sign up to a text message marketing campaign from a Site or through another method provided by us. You can opt out of any text message marketing program by replying STOP to the text message. You can reply HELP on many text message marketing programs to receive more information, including a customer contact number. Message and data rates may apply to any text message marketing program, and consent to a program is not required for any purchase. Text message marketing programs may send automated reoccurring texts. Neither the Company nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message marketing program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs. Our Privacy Policy applies to text message marketing programs. Some of our Sites allow you to register for accounts specific to you for ordering, and other purposes (“Account”). In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or email addressAffiliates’) for any reason in our sole discretion. For example, we may reject a user ID (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site. If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people. You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Accountbusiness, including, without limitation, terminating for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non- exclusive license to access your AccountUser Content through the Site and to use, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any timereproduce, distribute, display, and we are perform such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of this Agreement, our Privacy Policy, and applicable law. Notwithstanding the foregoing paragraph, Sagegroupy will only use or disclose User Content you post to any non-public area of the Site to the extent necessary to provide Site Services to you as further described in our Privacy Policy. The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant Sagegroupy and our successors and Affiliates the irrevocable and perpetual license to retain and use, but not responsible for variations between a product description publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law. You may submit comments or ideas about the Site and the actual product. Technological issuesSite Services, such as your device settings, may alter how a product appears on a Site. Some Sites may contain blogs with information including without limitation about how to use a product. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us, but are not a representation improve the Site or warranty about a product and should not be relied upon as such. Sites may allow you to leave product reviews, opinions or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content. Sites may contain expert opinions. Information on Sites identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company. Sites may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same. Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party Content on our Sites. We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols. We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, TikTok, Pinterest and Instagram, and others Services (collectively, “Social Media PagesIdeas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place Sagegroupy under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) we are free to provide a place for people use the Ideas without any additional compensation to learn more about us and our products you and to share experiences with our productsdisclose the Ideas on a non- confidential basis or otherwise to anyone. When you visit these Social Media PagesYou further acknowledge and agree that, you are no longer on our Siteby acceptance of your submission, but rather a website operated Sagegroupy does not waive any rights to use similar or related ideas known or developed by a third party. All comments, visuals and Sagegroupy or obtained from sources other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCESthan you.
Appears in 1 contract
Samples: User Agreement
User Content License. By submitting (a) When you post Listings or Content on the Site or through the Service or provide Yuzit with User Content, you represent and warrant that you have the right, power, and authority to post that User Content to us directly and grant the licenses specified below. You further represent and warrant that by posting or indirectly (including through providing such User Content you will not violate third-party rights of any use kind, including, without limitation, any Intellectual Property Rights, rights of third party social media platforms directed at us)publicity, and privacy rights. To the extent your User Content may be copyrightable, you grant to us (or warrant represent, warrant, and covenant that you are the owner of all the copyright rights to such information User Content and material has expressly that Yuzit may exercise the rights to your User Content granted under the Terms of Service without any liability or obligation for any payment.
(b) You retain all ownership rights in any User Content you post on Yuzit. To the extent permitted by applicable law, you also grant to us) Yuzit and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) non- exclusive, worldwide license to use, reproduce, display, modify, adapt, publish, performlist information regarding, edit, translate, transmit distribute, publicly perform, publicly display, and distribute or otherwise make available to others derivative works of all such User Content (and your name, voice, and/or likeness as contained in your User Content, in whole or in part part, and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, productor technology, service or technology whether now known or hereafter developed developed, for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any Site and all media Yuzit’s (and for advertising or promotional purposes. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy successors’ and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you. Some of our Sites may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. You should refer to the applicable Chat and its hyperlinks to learn more. A Site may provide features that enable you to get support for certain products including a chat feature, a support email address, or a telephone hotline. Information collected via these support methods is subject to our Privacy Policy. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered User Content. BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN YOU ARE AGREEING TO THE DISPUTES, ARBITRATION AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY. You may be able to sign up to a text message marketing campaign from a Site or through another method provided by us. You can opt out of any text message marketing program by replying STOP to the text message. You can reply HELP on many text message marketing programs to receive more information, including a customer contact number. Message and data rates may apply to any text message marketing program, and consent to a program is not required for any purchase. Text message marketing programs may send automated reoccurring texts. Neither the Company nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message marketing program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs. Our Privacy Policy applies to text message marketing programs. Some of our Sites allow you to register for accounts specific to you for ordering, and other purposes (“Account”). In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or email addressAffiliates’) for any reason in our sole discretion. For example, we may reject a user ID (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site. If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people. You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Accountbusiness, including, without limitation, terminating for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your AccountUser Content through the Site and to use, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any timereproduce, distribute, display, and we are perform such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of this Agreement, our Privacy Policy, and applicable law.
(c) Notwithstanding the foregoing paragraph, Yuzit will only use or disclose User Content you post to any non-public area of the Site to the extent necessary to provide Service to you as further described in our Privacy Policy.
(d) The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant Yuzit and our successors and Affiliates the irrevocable and perpetual license to retain and use, but not responsible for variations between a product description publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.
(e) You may submit comments or ideas about the Site and the actual product. Technological issuesService, such as your device settings, may alter how a product appears on a Site. Some Sites may contain blogs with information including without limitation about how to use a product. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us, but are not a representation improve the Site or warranty about a product and should not be relied upon as such. Sites may allow you to leave product reviews, opinions or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content. Sites may contain expert opinions. Information on Sites identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company. Sites may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same. Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party Content on our Sites. We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols. We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, TikTok, Pinterest and Instagram, and others Service (collectively, “Social Media PagesIdeas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place Yuzit under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) we are free to provide a place for people use the Ideas without any additional compensation to learn more about us and our products you and to share experiences with our productsdisclose the Ideas on a non- confidential basis or otherwise to anyone. When you visit these Social Media PagesYou further acknowledge and agree that, you are no longer on our Siteby acceptance of your submission, but rather a website operated Xxxxx does not waive any rights to use similar or related ideas known or developed by a third party. All comments, visuals and Xxxxx or obtained from sources other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCESthan you.
Appears in 1 contract
Samples: Terms of Service Agreement
User Content License. By submitting When you post User Content to us directly on the Site or indirectly (including through any use of third party social media platforms directed at us)the Site Services or provide ShortBench with User Content, you grant to us (or represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting or providing such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such information User Content and material has expressly that ShortBench may exercise the rights to your User Content granted under the Terms of Service without any liability or obligation for any payment. You retain all ownership rights in any User Content you post on ShortBench. To the extent permitted by applicable law, you also grant to us) ShortBench and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) non-exclusive, worldwide license to use, reproduce, display, modify, adapt, publish, performlist information regarding, edit, translate, transmit distribute, publicly perform, publicly display, and distribute or otherwise make available to others derivative works of all such User Content (and your name, voice, and/or likeness as contained in your User Content, in whole or in part part, and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, productor technology, service or technology whether now known or hereafter developed developed, for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any Site and all media ShortBench’s (and for advertising or promotional purposes. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy successors’ and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you. Some of our Sites may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. You should refer to the applicable Chat and its hyperlinks to learn more. A Site may provide features that enable you to get support for certain products including a chat feature, a support email address, or a telephone hotline. Information collected via these support methods is subject to our Privacy Policy. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered User Content. BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN YOU ARE AGREEING TO THE DISPUTES, ARBITRATION AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY. You may be able to sign up to a text message marketing campaign from a Site or through another method provided by us. You can opt out of any text message marketing program by replying STOP to the text message. You can reply HELP on many text message marketing programs to receive more information, including a customer contact number. Message and data rates may apply to any text message marketing program, and consent to a program is not required for any purchase. Text message marketing programs may send automated reoccurring texts. Neither the Company nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message marketing program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs. Our Privacy Policy applies to text message marketing programs. Some of our Sites allow you to register for accounts specific to you for ordering, and other purposes (“Account”). In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or email addressAffiliates’) for any reason in our sole discretion. For example, we may reject a user ID (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site. If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people. You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Accountbusiness, including, without limitation, terminating for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your AccountUser Content through the Site and to use, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any timereproduce, distribute, display, and we are perform such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of this Agreement, our Privacy Policy, and applicable law. Notwithstanding the foregoing paragraph, ShortBench will only use or disclose User Content you post to any non-public area of the Site to the extent necessary to provide Site Services to you as further described in our Privacy Policy. The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant ShortBench and our successors and Affiliates the irrevocable and perpetual license to retain and use, but not responsible for variations between a product description publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law. You may submit comments or ideas about the Site and the actual product. Technological issuesSite Services, such as your device settings, may alter how a product appears on a Site. Some Sites may contain blogs with information including without limitation about how to use a product. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us, but are not a representation improve the Site or warranty about a product and should not be relied upon as such. Sites may allow you to leave product reviews, opinions or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content. Sites may contain expert opinions. Information on Sites identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company. Sites may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same. Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party Content on our Sites. We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols. We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, TikTok, Pinterest and Instagram, and others Services (collectively, “Social Media PagesIdeas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place ShortBench under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) we are free to provide a place for people use the Ideas without any additional compensation to learn more about us and our products you and to share experiences with our productsdisclose the Ideas on a non-confidential basis or otherwise to anyone. When you visit these Social Media PagesYou further acknowledge and agree that, you are no longer on our Siteby acceptance of your submission, but rather a website operated ShortBench does not waive any rights to use similar or related ideas known or developed by a third party. All comments, visuals and ShortBench or obtained from sources other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCESthan you.
Appears in 1 contract
Samples: User Agreement