User Content. Certain features or areas of the Service may allow you to upload certain information or content to the Service, including your resume, videos, comments, feedback, and other information, data or materials (collectively, “User Content”). You acknowledge that you are responsible for the User Content you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Content that you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content to IAA on or through the Service, you hereby grant to IAA a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you represent and warrant that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure of any User Content. You agree not to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Service.
Appears in 1 contract
Samples: Terms of Use
User Content. Certain features You may be able to post, submit, publish, display, or areas of the Service may allow you to upload certain information or content to the Servicetransmit (collectively, including your resume“share”) materials, videossuggestions, commentsideas, feedbackdata, and other information, data or materials content through the Services (collectively, “User Content”). By sharing User Content through the Services, you represent and warrant following: • You acknowledge that you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content; • You have the right, power, and authority to share that User Content you submit through and grant the Service, rights and licenses to that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all provided herein; • The User Content that you provide via does not and will not infringe or violate the Servicerights of any third party. NonethelessAny User Content will be treated as non-confidential and non-proprietary, except as otherwise expressly provided by IAA, you agree that by submitting any in our Privacy Policy. You may not share User Content to IAA on that is offensive; objectionable; promotes racism, discrimination, bigotry, hatred, or through the Servicephysical harm of any kind; harasses or advocates harassment of another person; exploits people in any manner; or contains nudity, you violence, or pornographic subject matter. You hereby grant to IAA us a royalty-free, worldwide, perpetual, non-exclusive, perpetualunrestricted, irrevocable, worldwidetransferable, unrestricted, sublicenseable, royaltyand sub-free licensable right and license to reproducemodify, copy, modify, adapt, publish, translate, create derivative works based onreproduce, distribute, performsell, display and/or publicly display, transmit, delete, make derivative works from, store, and otherwise use exploit User Content and to allow others to do the same for any purpose, including, but not limited to, commercial purposes. You acknowledge and agree that you will not receive any compensation whatsoever for granting us this license to your User Content, and you hereby completely and irrevocably waive any moral or similar rights you may have in your User Content, even if such User Content is altered or changed in a manner that is not agreeable to you. This includes, but is not limited to, any claims based on invasion of privacy, idea misappropriation, other civil rights violations, or defamation. The license granted under this Section, including the related waiver of any applicable moral rights, will survive any termination of these Terms. Without undertaking any obligation to screen or monitor User Content, we have the right (but not the obligation) to edit, modify, refuse to post, or remove any User Content that we determine, in our sole discretion, including incorporating any such violates these Terms or is otherwise objectionable. You acknowledge and agree that we may, but are not obligated to, preserve User Content and may also disclose User Content to the extent permitted by applicable law and as provided in our Privacy Policy. You acknowledge and agree that your communications with other works in users via any formchannel of communication via the Services may be public and that you have no expectation of privacy concerning your access to and use of the Services. You are solely responsible for your communications through the Services and your interactions with other users of the Services. We may, mediabut are not obligated to, pre-screen User Content or monitor any area of the Site or Services through which User Content may be submitted. We are not required to host, display, or technology now known or hereafter developed, and you represent and warrant that all moral rights or other non-assignable rights in uploaded distribute any User Content been waived on or through the Site or Services and may remove at any time or refuse any User Content for the benefit of IAA and its successorsany reason. We are not responsible for any loss, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, saletheft, or disclosure damage of any kind to any User Content. You agree not to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Service.
Appears in 1 contract
Samples: Terms of Service
User Content. Certain The Services may provide you and other Users with an opportunity to participate in viewing communities, message boards, chat rooms, personal profiles, forums and other message, comment and communication features or areas of on the Service may allow you to upload certain information or content to the ServiceServices, including your resumein connection with Third Party Social Media Services that provide you with the opportunity to submit, videospost and otherwise make available content, comments, feedback, messages and other information, data or materials information via the Services (collectively, “User Content”). You acknowledge represent, warrant and covenant that (i) you are responsible for the User Content you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to own any and all User Content you make available or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein, and (ii) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Content. We do not acquire any title or ownership rights in the User Content that you provide via the Servicesubmit and/or make available. NonethelessAfter you submit, except as post, display, transmit or otherwise expressly provided by IAAmake available any User Content, you agree that by submitting any User Content continue to IAA on or through the Service, you hereby grant to IAA a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use retain any such User Content rights that you may have in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you represent and warrant that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure of any User Content. You agree not to upload on or transmit to or via the Service that (i) you have no expectation of privacy in any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; and (ii) no confidential, fiduciary, contractually implied or other relationship is defamatorycreated between you and App Academy by reason of your transmitting User Content to any area of or in connection with the Services. You agree that all User Content is the sole responsibility of the person from which such User Content is originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, libelousupload, harassingpost, expresses hateemail, display, transmit or otherwise make available. You may not submit, post, email, display, transmit or otherwise make available any User Content that is or may be construed as in violation of this Agreement, as determined in App Academy’s sole discretion. Without limiting the foregoing, you may not submit, post, and/or otherwise make available through the Services any User Content that: you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or is unlawfully threateningotherwise creates a security or privacy risk for any other person or entity; (iii) is pornographic, obscene or exploitative of contains a minor; (iv) contains or embodies a software virus, worm, spyware, Trojan horse or other contaminating computer code, file or destructive featureprogram designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (v) otherwise violates including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any applicable treaty, law, rule kind against any group or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, individual; and/or that is or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Serviceconstrued as in violation of this Agreement, as determined in App Academy’s sole discretion. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA App Academy reserves the right to remove any User Content which, in its solediscretion to filtersole discretion, censor, edit or regulate User Content and other information provided by third parties on violates this ServiceAgreement.
Appears in 1 contract
Samples: Terms of Service
User Content. Certain features We may, at our sole discretion, permit Users to post, upload, publish, submit, or areas of the Service may allow you to upload certain information transmit text, graphics, photos, audio, video, or other content to the Service, including your resume, videos, comments, feedback, and other information, data or materials (collectively, “"User Content”"). By making available any User Content on or through the Site, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through multiple tiers), to view, use, copy, distribute, publicly display and perform, transmit, stream, broadcast, adapt, modify, create derivative works of, and otherwise exploit such User Content on, through, or by means of the Site. We will not pay you for any User Content and we do not claim any ownership rights in any such User Content. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit such User Content independent of the Site. You acknowledge and agree that you are solely responsible for the User Content you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Content that you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content to IAA on or make available through the ServiceSite. Accordingly, you hereby grant to IAA a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you represent and warrant that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure of any User Content. You agree not to upload on or transmit to or via the Service any User Content whichthat: (i) infringes you either are the sole and exclusive owner of all User Content that you make available through the Site or otherwise violates you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content, as contemplated under this Agreement; (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through, or by means of the Site will infringe, misappropriate, or violate any patent, copyright, patent, trademark, trade secret, trade name moral rights, or other proprietary right or the privacy intellectual property rights, or rights of any individual; (ii) is defamatory, libelous, harassing, expresses hatepublicity or privacy, or is unlawfully threateningresult in the violation of any applicable law or regulation; (iii) is pornographic, obscene or exploitative all User Content complies with the permitted use of a minorthe Site under this Agreement; and (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA the User Content does not necessarily endorseinclude any false or misleading information and was not submitted under false pretenses. We may, supportbut are not obligated to, sanction(a) record, encouragemonitor, verifymodify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statementsdisclose User Content; (b) investigate a complaint that User Content violates this Agreement, and do not necessarily represent theviews of IAA. IAA reserves determine in our sole discretion whether to remove the right in its solediscretion to filter, censor, edit or regulate User Content and or take other information provided by third parties on action; (c) remove User Content if we determine in our sole discretion that a violation of the Agreement has occurred or may occur in the future; and/or (d) terminate a User's access to the Site (or any portion thereof) if he or she has violated this ServiceAgreement.
Appears in 1 contract
Samples: User Agreement
User Content. Certain features or areas of the Service may allow you to upload certain information a. All information, material or content submitted by a User or Authorized User, whether publicly or privately posted, e-mailed, transmitted, uploaded or otherwise submitted to us via the Service, including your resume, videos, comments, feedback, and other information, data or materials Services (collectively, “User Submitted Content”)) is your sole responsibility. You acknowledge and agree that you are entirely responsible for the User Content you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Submitted Content that is post, e-mail, transmit, upload or otherwise submitted by you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content to IAA on or through the Service, you hereby grant to IAA a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content your Authorized Users in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you represent and warrant that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure of any User Content. You agree not to upload on or transmit to connection with or via the Services, including, without limitation, the accuracy of such Submitted Content. Under no circumstances will we be liable in any way for any loss, damage or injury related to, or arising as a result of, any Submitted Content, including, but not limited to, any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, e-mailed, transmitted, uploaded or otherwise submitted via the Services.
b. You agree and agree to cause your Authorized Users to not use any Service to post, e-mail, transmit, upload or otherwise submit any User Submitted Content whichthat: (i) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (ii) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name copyright or other proprietary right or the privacy rights of any individualparty including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work; (iii) you and your Authorized Users’ do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); or (iv) contains viruses, worms, corrupt files, trojan horses or other forms of corruptive code, or any other content which may compromise the Services.
c. You hereby grant us a perpetual, transferrable, world-wide, royalty-free license to use your or your Authorized Users’ Submitted Content in our promotional and marketing activities, in any manner determined by us in our sole discretion, provided that the use of your or your Authorized Users’ Submitted Content and any personal information contained therein complies with our Privacy Policy and applicable privacy legislation.
d. You acknowledge and agree that we may preserve Submitted Content and may also disclose Submitted Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threateningenforce the terms of this Agreement; (iii) is pornographic, obscene respond to claims that any Submitted Content violates the rights of third-parties; or exploitative of a minor; (iv) contains or embodies a virusprotect our rights, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verifyproperty, or agree with any comments, opinions, or statements personal safety and those of third parties as may be displayed on or transmitted via our users and/or the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Servicepublic.
Appears in 1 contract
Samples: Terms of Use
User Content. Certain features or areas of the Service Solutions may allow enable you to upload certain information transmit or content to the Service, including your resume, videos, comments, feedback, and other information, receive others data or materials information you have generated or obtained from other sources (collectively, “User Content”). You acknowledge that you are responsible for the User Content you submit through the Service, and that you, and not IAA, willbear retain full responsibility for each item of ownership to your own User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest intellectual property rights you already hold under applicable law in and to any and all User Content that you provide via transmit or receive through the Service. NonethelessSolution, except as otherwise expressly provided by IAAsubject to the rights, you agree that by submitting licenses, and other terms of this Agreement, including any underlying rights of others in any User Content to IAA on that you may transmit or through the Service, you hereby receive. You grant to IAA Privax, a non-exclusive, perpetualunrestricted, unconditional, unlimited, worldwide, irrevocable, worldwideperpetual, unrestricted, sublicenseable, royaltyand cost-free right and license to receive, access, reproduce, copyor record any User Content you receive through our Solution and to disseminate, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), adapt, modify, adaptdisplay, publicly perform, transmit, publish, broadcast, translate, create make derivative works based onof, distributeand otherwise exploit (collectively, performto “use,”) in any manner whatsoever, display and/or otherwise use all or any such portion of the User Content in our sole discretionyou transmit through a Solution (and derivative works thereof), including incorporating solely for the purpose of providing the Solutions to you under this Agreement. Each time you transmit or receive any such User Content in other works in any formContent, media, or technology now known or hereafter developed, and you represent and warrant that all moral rights you are at least the age of majority in the state or other non-assignable rights jurisdiction in uploaded which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content been waived for you transmit or receive, and that, in regard to that User Content, (a) you are an owner or licensee of the benefit of IAA intellectual property and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith other rights to the use, modification, saleUser Content, or disclosure you have a lawful right to use the User Content, and you grant Privax the right to use it as described in this Section, all without any Privax obligation to obtain consent of any third party and without creating any obligation or liability of Privax; (b) the User Content is accurate (to the extent that the User Content consists of factual data or information); (c) the User Content does not and, as to Privax’s permitted uses and exploitation set forth in this Agreement, will not, infringe any intellectual property or other right of any third party; and (d) the User Content and your actions with respect to it will not violate the Acceptable Use Policy, violate this Agreement, or cause injury or harm to any person. You agree and acknowledge Privax has a passive role in the transmission, reception and use of User Content that you transmit or receive, and Privax does not take any initiative in the transmission, reception, or use of User Content. Moreover, as between you and Privax, you agree and acknowledge that you are solely responsible for your use of User Content and that Privax cannot supervise, control, direct, choose, verify, investigate, or evaluate the User Content or your actions with respect to User Content that you transmit or receive using our service. You acknowledge that we may remove or disable access to any User Content, or interrupt any or all services, at any time at our own discretion. You agree not understand and acknowledge that we have the right (but no obligation) to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; (ii) is defamatory, libelous, harassing, expresses hatedo so if we believe, or is unlawfully threatening; are notified, that you have breached any this Agreement (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verifyincluding copyright breach), or agree with any comments, opinions, if we discontinue or statements of third parties as may be displayed on restrict the service that enables you to transmit or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate receive User Content and other information provided by third parties on this ServiceContent.
Appears in 1 contract
Samples: End User Agreement
User Content. Certain features We do not claim any proprietary rights in the text, files, images, photos, works of authorship, or areas of the Service may allow any other materials which you to upload certain information or content and/or input to the Service, including your resume, videos, comments, feedback, and other information, data or materials App (collectively, “"User Content”"). You acknowledge that you are responsible for the After inputting and/or uploading User Content to the App, you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of continue to retain all ownership and/or license rights in such User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such continue to have the right to use your User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secretin any way you choose. You retain all rights, title and interest in and to any and all User Content that you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting By inputting or uploading any User Content to IAA on or through the ServiceApp, you hereby grant to IAA us a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduceuse, copy, modify, adapt, publishtranslate, translateperform, display, transmit, sell, reproduce, create derivative works based onfrom, incorporate in other works, and distribute, performin whole or in part, display and/or otherwise use in any manner or medium (whether now known or hereinafter developed), such User Content as we may, in our discretion, choose to do. To the extent any User Content contains personal data we will use it in accordance with our Privacy Statement. The license you grant to us is perpetual (meaning it will not expire), irrevocable (meaning you cannot revoke it), transferable (should we change ownership), non- exclusive (meaning you are free to license your User Content to anyone else in addition to us), fully- paid and royalty-free (meaning we are not required to pay you for the use on the App of the User Content that you provide), fully transferable, assignable and sublicensable (meaning we can transfer our rights), and worldwide (because the internet and the App are global in reach). You will not receive any compensation of any kind for the use of any User Content submitted by you. You represent and warrant that any User Content that you input or upload on or through the App is original to you and does not copy the work of any third party or otherwise infringe any third-party intellectual rights, moral rights, rights of privacy or publicity rights, and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above. You acknowledge that Beats Therapeutics is not responsible or liable to you or any third party for the content or accuracy or completeness of the User Content. However, we reserve the right at all times, in our sole discretion, including incorporating to screen the User Content and to edit, move, delete and/or refuse to accept any User Content that in our judgment violates this User Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons. We cannot be responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content in other works in at any form, media, or technology now known or hereafter developed, and you represent and warrant that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure of any User Content. You agree not to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Servicetime.
Appears in 1 contract
Samples: User Agreement
User Content. Certain features or areas of the Service The Platform may allow you to upload certain information or content to the Serviceforum posts, including your resumechat with other users and Protrainy’s counsellors, videosuser discussions, comments, feedbackprofile pages, and other informationcontent and media for social interaction, data or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (collectively, “collectively "User Content”"). You acknowledge that you are responsible for the Protrainy does not claim ownership of any User Content you may submit through or make available for inclusion on the ServicePlatform or Programs. Accordingly, subject to the licence granted to Protrainy above, the user will be the sole and that you, exclusive owner of any and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all the User Content that you provide via the ServiceContent. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to IAA on or through the ServiceProtrainy, you hereby grant to IAA a non-exclusive, perpetual, Protrainy an irrevocable, worldwide, unrestricted, sublicenseableperpetual, royalty-free right and license non-exclusive licence to use, distribute, reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, publicly perform and publicly display and/or otherwise use any such User Content on the Platforms or in our sole discretionthe Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including incorporating for any such commercial purpose). Protrainy reserves the right to remove any User Content in other works in at any formtime and for any reason. To the extent that you provide any User Content, media, or technology now known or hereafter developed, and you represent and warrant that (a) you have all moral necessary rights, licences and/or clearances to provide such User Content and permit Protrainy to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Protrainy, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third-party rights or other non-assignable rights in uploaded constitute a fraudulent statement or misrepresentation or unfair business practices. Protrainy does not control the User Content been waived posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Protrainy be liable in any way for the benefit of IAA and its successorsany User Content, assigns and licensees. YOU HEREBY RELEASE IAA from including any liability under any legal theory in connectionwith the use, modification, saleerrors or omissions, or disclosure any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You agree not are responsible for complying with all the laws applicable to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this ServiceContent.
Appears in 1 contract
Samples: Terms of Use