Common use of User Content Clause in Contracts

User Content. For any content provided by users to IronPlanet, including any text, maintenance records, graphics and pictures that describe the Equipment (“User Content”), solely for the purpose of display on the Site, you grant IronPlanet a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise the copyright, publicity, database rights and all other intellectual property rights users have in the content, in any media known now or in the future. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive or personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (v) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that is not correct, accurate and current. IronPlanet reserves the right, but is not obligated, to reject and/or remove any User Content that IronPlanet believes, in its sole discretion, violates these provisions. IronPlanet’s Relationship to Users. In the Auctions, IronPlanet is not a party to any transaction relating to Equipment and IronPlanet is only a venue for registered Sellers to list Equipment and for registered Buyers to make bids on such Equipment. Any agreements reached by and between Buyers, Sellers and third parties (including third party transportation carriers) are solely between such Buyers, Sellers and third parties. IronPlanet does not make any representations or warranties that it has title to or possesses Equipment listed on the Site.

Appears in 2 contracts

Samples: Agreement (IronPlanet Inc.), Agreement (IronPlanet Inc.)

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User Content. For any content provided by users to IronPlanet, including any text, maintenance records, graphics and pictures that describe the Equipment (“User Content”), solely for the purpose of display on the Site, you grant IronPlanet a non- non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise the copyright, publicity, database rights and all other intellectual property rights users have in the content, in any media known now or in the future. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive or personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (v) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that is not correct, accurate and current. IronPlanet reserves the right, but is not obligated, to reject and/or remove any User Content that IronPlanet believes, in its sole discretion, violates these provisions. IronPlanet’s Relationship to Users. In the Auctions, IronPlanet is not a party to any transaction relating to Equipment and IronPlanet is only a venue for registered Sellers to list Equipment and for registered Buyers to make bids on such Equipment. Any agreements reached by and between Buyers, Sellers and third parties (including third party transportation carriers) are solely between such Buyers, Sellers and third parties. IronPlanet does not make any representations or warranties that it has title to or possesses Equipment listed on the Site.

Appears in 2 contracts

Samples: Agreement (IronPlanet Inc.), Agreement (IronPlanet Inc.)

User Content. For any Some areas of the Service allow Users to post, communicate, provide, or otherwise make available content provided by users to IronPlanetsuch as profile information, including any textcomments, maintenance recordsquestions, graphics videos, photos, voice recordings, and pictures that describe the Equipment other information, content or multimedia (“User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, solely for by providing or sharing User Content through the purpose of display on the SiteService, you grant IronPlanet a non- exclusiveagree to allow us and others to view, worldwideedit, perpetual, irrevocable, royalty-free, sub licensable and/or share your User Content in accordance with your settings and this Agreement. TalkingPoints has the right (but not the obligation) in its sole discretion to exercise remove any User Content that is shared via the copyright, publicity, database rights and all other intellectual property rights users have in the content, in any media known now or in the futureService. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (ivv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive or of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vvi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vivii) contains any information or content that you do not have a right to make available under any law or under any contractual or fiduciary relationshipsrelationship; or (viiviii) contains any information or content that you know is not correctcorrect and current or (ix) violates any school or other applicable policy, accurate including those related to cheating or ethics. You represent and currentwarrant that you have obtained all necessary permissions to use, post and/or share User Content and any User Content that you post does not and will not violate third- party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. IronPlanet To the extent that your User Content contains music, you hereby represent that you are the owner of, or otherwise have, all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. TalkingPoints reserves the right, but is not obligated, to reject and/or remove any User Content that IronPlanet TalkingPoints believes, in its sole discretion, violates any of these provisions. IronPlanet’s Relationship to Users. In You understand that publishing your User Content on the Auctions, IronPlanet Service is not a party to substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any transaction relating to Equipment and IronPlanet is only a venue for registered Sellers to list Equipment and for registered Buyers to make bids on such Equipment. Any agreements reached by and between Buyers, Sellers and third parties (including third party transportation carriers) are solely between such Buyers, Sellers and third parties. IronPlanet does not make any representations or warranties that it has title to or possesses Equipment listed on the Siteother rights organization.

Appears in 1 contract

Samples: Terms of Service Agreement

User Content. For any content provided by users to IronPlanet, including any text, maintenance records, graphics and pictures that describe the Equipment (“User Content”), solely for the purpose of display on the Site, you grant IronPlanet a non- non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise the copyright, publicity, database rights and all other intellectual property rights users have in the content, in any media known now or in the future. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains IronPlanet Contract #13657 Private and Confidential any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive or personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (v) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that is not correct, accurate and current. IronPlanet reserves the right, but is not obligated, to reject and/or remove any User Content that IronPlanet believes, in its sole discretion, violates these provisions. IronPlanet’s Relationship to Users. In the Auctions, IronPlanet is not a party to any transaction relating to Equipment and IronPlanet is only a venue for registered Sellers to list Equipment and for registered Buyers to make bids on such Equipment. Any agreements reached by and between Buyers, Sellers and third parties (including third party transportation carriers) are solely between such Buyers, Sellers and third parties. IronPlanet does not make any representations or warranties that it has title to or possesses Equipment listed on the Site.

Appears in 1 contract

Samples: Agreement (IronPlanet Inc.)

User Content. For any content provided by A. The eRAIL COMMERCE Sites allows users to IronPlanetpublish listings, including ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Visitor Agreement and to the policies of their third-party providers. B. You assume total responsibility and risk for your use of any textinteractive areas of the eRAIL COMMERCE Sites. You acknowledge that any of the user-generated content posted or transmitted through the eRAIL COMMERCE Sites represents the views of the author, maintenance records, graphics and pictures not of eRAIL COMMERCE. You also acknowledge that describe your use of or reliance on such content is at your own risk. C. When publishing anything to the Equipment (“User Content”), solely for the purpose of display on the SiteeRAIL COMMERCE Sites or using any social media tools or interactive features, you grant IronPlanet agree that you will not post or transmit: 1. any copyrighted material unless you own or control the copyright in and to such material; 2. material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a non- exclusiveperson's privacy, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise the copyright, publicity, database rights and all other intellectual property rights users have in the content, in any media known now or is otherwise objectionable or in the future. You agree not to post User Content that: (i) may create a risk violation of harmany applicable law, loss, physical or mental injury, emotional distress, death, disability, disfigurementrule, or physical regulation; 3. material that violates or mental illness to you, to any other person, or to any animal; (ii) may create a risk infringes the rights of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawfulparty, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive or personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (v) contains any information or content that is illegal (including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights; 4. profanity in subject lines, messages, or signatures; 5. any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component; 6. material that breaches another's privacy, i.e., containing phone numbers, addresses, or other personal information; 7. spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the disclosure of insider information under securities law forum in which it is posted; 8. material that contains advertisements or of another party’s trade secrets)commercial solicitations; (vi) contains any information or 9. material discussing illegal activities or content linking to websites that deal with such activities. D. You further agree that you will not attempt or do any of the following: 1. interfere with or disrupt the eRAIL COMMERCE Sites or our computer systems, servers, or networks; 2. attempt to gain unauthorized access to any part of the eRAIL COMMERCE Sites, to accounts that belong to other users, or to computer systems or networks connected to the eRAIL COMMERCE Sites; 3. engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise; 4. collect information about others without their consent; 5. interfere with the use of the eRAIL COMMERCE Sites by any other individual or party; 6. impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or 7. share any user name and/or password you have on the eRAIL COMMERCE Sites with any other persons. E. Without limiting any of eRAIL COMMERCE's other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the eRAIL COMMERCE Sites or on our affiliated websites and services, and/or a ban from creating new accounts. F. Although eRAIL COMMERCE cannot have a monitor all of the listings and content posted to the eRAIL COMMERCE Sites, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to make available under deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law or under contractual or fiduciary relationships; or (vii) contains any information or content that is not correct, accurate and current. IronPlanet reserves the right, but is not obligatedenforcement request, to reject and/or remove enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to the eRAIL COMMERCE Sites, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, eRAIL COMMERCE takes no responsibility and assumes no liability for any User Content that IronPlanet believes, in its sole discretion, violates these provisions. IronPlanet’s Relationship content posted to Users. In the Auctions, IronPlanet is not a party to any transaction relating to Equipment and IronPlanet is only a venue for registered Sellers to list Equipment and for registered Buyers to make bids on such Equipment. Any agreements reached eRAIL COMMERCE Sites by and between Buyers, Sellers and third parties (including third party transportation carriers) are solely between such Buyers, Sellers and you or by third parties. IronPlanet does not make any representations or warranties that it has title to or possesses Equipment listed on the Site.

Appears in 1 contract

Samples: Visitor Agreement

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User Content. For Some areas of the Service allow Users to post content such as profile information, comments, questions, recommendations, and other content or information (any content provided by users to IronPlanetsuch materials a User submits, including any textposts, maintenance recordsdisplays, graphics and pictures that describe or otherwise makes available on the Equipment (Service “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, solely for by sharing User Content through the purpose of display on the SiteService, you grant IronPlanet a non- exclusiveagree to allow others to view, worldwideedit, perpetual, irrevocable, royalty-free, sub licensable and/or share your User Content in accordance with your settings and this Agreement. TransX has the right (but not the obligation) in its sole discretion to exercise remove any User Content that is shared via the copyright, publicity, database rights and all other intellectual property rights users have in the content, in any media known now or in the futureService. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (ivv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive or of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vvi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vivii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viiviii) contains any information or content that you know is not correct, accurate correct and current. IronPlanet You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. TransX reserves the right, but is not obligated, to reject and/or remove any User Content that IronPlanet TransX believes, in its sole discretion, violates these provisions. IronPlanet’s Relationship to Users. In You understand that publishing your User Content on the Auctions, IronPlanet Service is not a party to substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any transaction relating to Equipment and IronPlanet is only a venue for registered Sellers to list Equipment and for registered Buyers to make bids on such Equipment. Any agreements reached by and between Buyers, Sellers and third parties (including third party transportation carriers) are solely between such Buyers, Sellers and third parties. IronPlanet does not make any representations or warranties that it has title to or possesses Equipment listed on the Siteother rights organization.

Appears in 1 contract

Samples: Terms of Use Agreement

User Content. For Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information (any content provided by users such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to IronPlanet, including any text, maintenance records, graphics and pictures that describe the Equipment (as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, solely for by providing or sharing User Content through the purpose of display on the SiteService, you grant IronPlanet a non- exclusiveagree to allow others to view, worldwideedit, perpetual, irrevocable, royalty-free, sub licensable and/or share your User Content in accordance with your settings and this Agreement. Bookt has the right (but not the obligation) in its sole discretion to exercise remove any User Content that is shared via the copyright, publicity, database rights and all other intellectual property rights users have in the content, in any media known now or in the futureService. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (ivv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive or of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vvi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vivii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viiviii) contains any information or content that you know is not correct, accurate correct and current. IronPlanet You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Bookt reserves the right, but is not obligated, to reject and/or remove any User Content that IronPlanet Bookt believes, in its sole discretion, violates any of these provisions. IronPlanet’s Relationship to Users. In You understand that publishing your User Content on the Auctions, IronPlanet Service is not a party to substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any transaction relating to Equipment and IronPlanet is only a venue for registered Sellers to list Equipment and for registered Buyers to make bids on such Equipment. Any agreements reached by and between Buyers, Sellers and third parties (including third party transportation carriers) are solely between such Buyers, Sellers and third parties. IronPlanet does not make any representations or warranties that it has title to or possesses Equipment listed on the Siteother rights organization.

Appears in 1 contract

Samples: Terms of Use Agreement

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