User Generated Content. Mokasoft may provide you with the ability to submit User Generated Content to the Website or Application. By submitting User Generated Content to the Website or Application, you grant Mokasoft a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website or Application and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, store, perform, display, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or Application or its associated products and services and archiving or making backups of the Website or Application. You agree to waive all rights in and to your User Generated Content across the world, whether you have or have not asserted rights in or to your User Generated Content. By submitting User Generated Content to the Website or Application, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted. You warrant that any User Generated Content that you submit to the Website or Application will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You acknowledge and agree that Mokasoft is not responsible or liable in any way for User Generated Content. Mokasoft reserves the right, but has no obligation, to remove any information or content that, (i) in the Mokasoft’s opinion violates, or may violate, any applicable law, or these terms of use and incorporated policies; or (ii) upon the request of any third party that alleges that the User Generated Content infringes the third party’s rights. Mokasoft reserves the right, but has no obligation, to report to law enforcement any Personal Information or User Generated Content at any time and for whatever reason, in its sole and absolute discretion.
Appears in 4 contracts
Samples: Terms of Use Agreement, Terms of Use Agreement, Terms of Use Agreement
User Generated Content. Mokasoft may provide you with the ability to submit User Generated Content to the Website or ApplicationApplication(s). By submitting User Generated Content to the Website or ApplicationApplication(s), you grant Mokasoft a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website or Application Application(s) and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, store, perform, display, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or Application Application(s) or its associated products and services and archiving or making backups of the Website or ApplicationApplication(s). You agree to waive all rights in and to your User Generated Content across the world, whether you have or have not asserted rights in or to your User Generated Content. By submitting User Generated Content to the Website or ApplicationApplication(s), you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted. You warrant that any User Generated Content that you submit to the Website or Application Application(s) will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You acknowledge and agree that Mokasoft is not responsible or liable in any way for User Generated Content. Mokasoft reserves the right, but has no obligation, to remove any information or content that,
(i) in the Mokasoft’s opinion violates, or may violate, any applicable law, or these terms of use and incorporated policies; or (ii) upon the request of any third party that alleges that the User Generated Content infringes the third party’s rights. Mokasoft reserves the right, but has no obligation, to report to law enforcement any Personal Information or User Generated Content at any time and for whatever reason, in its sole and absolute discretion.
Appears in 2 contracts
Samples: Terms of Use Agreement, Terms of Use Agreement
User Generated Content. Mokasoft On, or in connection with, the Platform, Bayer may provide ask for or allow you with to communicate, submit, upload or otherwise make available text, video, chat, images, or other content (“User Generated Content), which may be accessible and viewable by others on the ability to Platform and by others in the public. You agree that you will not submit any User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that xxxxx or can reasonably be expected to the Website harm any person or Applicationentity, whether or not such material is protected by law. By submitting With regards to any User Generated Content to the Website or ApplicationContent, you grant Mokasoft agree to xxxxx Xxxxx a non-exclusive, irrevocablesublicensable, royalty freeirrevocable and royalty-free worldwide license under all copyrights, worldwidetrademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and perpetual license otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to use time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content for conforms to these Conditions and that you own or have the customary necessary rights and intended purposes of the Website or Application and any purpose related thereto, permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to reproduce, prepare derivative works, distribute copies, store, perform, display, and use any of person) contained in the User Generated Content. These purposes may include, but are not limited towithout the need for payment to any other person or entity, providing you or third parties with the Website or Application or its associated products to use and services and archiving or making backups of the Website or Application. You agree to waive all rights in exploit, and to authorize Bayer to use and exploit, your User Generated Content across the worldin all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, whether you have ancillary rights or have not asserted similar rights in or to your User Generated Content. By submitting User Generated Content to the Website or Application, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submittedagainst Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. You warrant that any Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content that you submit or communications sent through the Platform, at any time and for any reason, including to the Website or Application will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You acknowledge and agree that Mokasoft is not responsible or liable in any way for User Generated Content. Mokasoft reserves the right, but has no obligation, to remove any information or content that,
(i) in the Mokasoft’s opinion violates, or may violate, any applicable law, or these terms of use and incorporated policies; or (ii) upon the request of any third party that alleges ensure that the User Generated Content infringes conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the third party’s rights. Mokasoft reserves the right, but has no obligation, to report to law enforcement any Personal Information or Platform if your User Generated Content at any time violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and for whatever reasondoes not endorse or guarantee, in its sole and absolute discretionthe opinions, views, advice or recommendations posted or sent by users.
Appears in 2 contracts
Samples: Conditions of Use, Conditions of Use
User Generated Content. Mokasoft You may provide transmit or publish content created by you with using any of the ability to submit User Generated Content to the Website Services or Applicationotherwise. By submitting User Generated Content to the Website or ApplicationHowever, you grant Mokasoft a non-exclusive, irrevocable, royalty free, worldwide, shall be solely responsible for such content and perpetual license to use your User Generated Content the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for the customary and intended purposes ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Website or Application Services, is provided to you AS IS for your information and any purpose related theretopersonal use only and you agree not to use, includingcopy, without limitation, to reproduce, prepare derivative worksdistribute, distribute copiestransmit, store, performbroadcast, display, and use sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the User Generated ContentServices, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. These purposes may include, but are not limited to, providing you or third parties with the Website or Application or its associated products and services and archiving or By making backups any copyrighted/copyrightable content available on any of the Website Services you affirm that you have the consent, authorization or Application. You agree to waive all permission, as the case may be from every person who may claim any rights in and such content to your User Generated Content across make such content available in such manner. Further, by making any content available in the worldmanner aforementioned, whether you expressly agree that Xxxxxx will have the right to block access to or have not asserted remove such content made available by you if Xxxxxx receives complaints concerning any illegality or infringement of third party rights in or to your User Generated Contentsuch content. By submitting User Generated Content to using any of the Website Services and transmitting or Applicationpublishing any content using such Service, you further agree expressly consent to waive all rights determination of publicity questions of illegality or privacy with respect to the User Generated Content submitted. You warrant that any User Generated Content that you submit to the Website or Application will not violate the rights infringement of third partiesparty rights in such content by the agent designated by Xxxxxx for this purpose. If you wish to protest any blocking or removal of content by Xxxxxx, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You acknowledge and agree that Mokasoft is not responsible or liable in any way for User Generated Content. Mokasoft reserves the right, but has no obligation, to remove any information or content that,
(i) in the Mokasoft’s opinion violates, or you may violate, any applicable law, or these terms of use and incorporated policies; or (ii) upon the request of any third party that alleges that the User Generated Content infringes the third party’s rights. Mokasoft reserves the right, but has no obligation, to report to law enforcement any Personal Information or User Generated Content at any time and for whatever reason, in its sole and absolute discretiondo so.
Appears in 1 contract
Samples: Terms of Service
User Generated Content. Mokasoft A. The Product may provide include message boards, content sharing features, and other means by which you with and other users may share content that you create ("UGC"). To the ability to submit User Generated Content to fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the Website or Application. By submitting User Generated Content to the Website or Applicationowner of such rights has expressly granted) Trial Boom a perpetual, you grant Mokasoft a nonworldwide, royalty-exclusivefree, irrevocable, royalty freenon-exclusive right and license to use, worldwidereproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and perpetual license agree that Trial Boom shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your UGC.
B. To the extent the Product permits other users to access and use your User Generated Content for the customary and intended purposes UGC, you also grant all other users of the Website Product the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or Application through the Product without further notice, attribution or compensation to you.
C. You represent and warrant that any purpose related theretoUGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person's rights, including, without limitation, any privacy rights and/or so-called "moral rights"; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to reproducea third party. You may not upload or post any UGC that infringes the copyright, prepare derivative workstrademark or other intellectual property rights of a third party nor may you upload any UGC that violates any third party's right of privacy or right of publicity, distribute copiesor may require the payment of a royalty or other consideration to a third party. You are responsible and liable for any UGC you place on or through the Product, storeincluding the transmission, performposting, displayor other provision of text, files, links, software, photographs, video, sound, music or other information or material. You may only upload your own UGC to the Product; do not upload anyone else's UGC.
D. Trial Boom has no obligation to monitor, approve, verify, or prescreen any UGC that you and use other users may contribute to or through the Product. Trial Boom reserves the right (but has no obligation) to remove, block, edit, move or disable UGC for any reason in Trial Xxxx's sole discretion. To the maximum extent permitted by applicable law, Trial Boom does not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall not hold Trial Boom liable for any loss or damage arising from the contents of any UGC (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.
E. Listed below are some, though not all, violations that may result in Trial Boom terminating or suspending your access to the Product and/or restricting your ability to access and/or post UGC. You agree not to do any of the User Generated Contentfollowing actions while using the Product:
i. Harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
ii. These purposes may includeTransmit any UGC that Trial Boom considers to be disruptive, but are not limited tounlawful, providing you harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or third parties with the Website racially, sexually, ethnically or Application otherwise objectionable;
iii. Impersonate any person or its associated products and services and archiving or making backups of the Website or Application. You agree to waive all rights in and to your User Generated Content across the worldentity, whether you have or have not asserted rights in or to your User Generated Content. By submitting User Generated Content to the Website or Application, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted. You warrant that any User Generated Content that you submit to the Website or Application will not violate the rights of third parties, including, including but not limited to, trademark rights, copyright rights, and rights of publicity and privacyto Trial Boom;
iv. Disrupt normal Product functionality, or otherwise act in a manner that negatively affects other participants and/or the overall Product experience;
v. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
vi. Intentionally or unintentionally violate any applicable law, statuteregulation or treaty while using or accessing the Product;
vii. Post multiple posts of the same content (e.g., ordinance"spam"); or
viii. Invade the privacy or violate or infringe any right of any person or entity, treatyincluding, or regulationwithout limitation, whether localany intellectual property right.
F. TRIAL BOOM DOES NOT ENDORSE, stateOR GUARANTEE THE ACCURACY, provincialEFFICACY OR VERACITY OF, nationalANY UGC GENERATED BY USERS.
G. Some Products may permit you to share certain information about yourself with the public, or internationalincluding people who may not be registered users of the Product, and the public may access and use that information and associate it with you. You acknowledge and agree confirm that Mokasoft is not responsible you have no expectation of privacy when using such Product features, including without limitation, uploading or liable in any way submitting UGC; comparing your statistics, personal bests and leaderboards against other users; searching for User Generated Contentother users by username; discovering events that other users have signed up for, and linking to social media accounts that publicly display user information. Mokasoft reserves the right, but has no obligation, to remove any information or content that,
(i) in the Mokasoft’s opinion violates, or may violate, any applicable law, or these terms of use and incorporated policies; or (ii) upon the request of any third party that alleges that the User Generated Content infringes the third party’s rights. Mokasoft reserves the right, but has no obligation, to report to law enforcement any Personal Information or User Generated Content at any time and See Section 9.E below for whatever reason, in its sole and absolute discretionfurther details.
Appears in 1 contract
Samples: Terms of Use
User Generated Content. Mokasoft (a) Users of the Services may provide be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services (“User Content”). User Content has not been verified or approved by us.
(b) Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the ability standards of this Agreement. You warrant that any such contribution does comply with the Agreement, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
(c) Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit User Generated Content it to the Website Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
(d) You or Application. By the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Generated Content to via the Website or ApplicationServices, you hereby grant Mokasoft a us an unconditional irrevocable, non-exclusive, irrevocable, royalty royalty-free, worldwidefully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and perpetual to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
(e) You further grant us a royalty-free license to use your User Generated Content for the customary and intended purposes of the Website or Application and any purpose related theretouser name, includingimage, without limitation, to reproduce, prepare derivative works, distribute copies, store, perform, displayvoice, and use likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
(f) For the User Generated Content. These purposes may avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, providing you or third parties with the Website or Application or its associated products right to reproduce sound recordings (and services and archiving or making backups make mechanical reproductions of the Website or Applicationmusical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. You agree This means that you are granting us the right to waive all rights in and to use your User Generated Content across without the world, whether you have or have not asserted rights in or obligation to your User Generated Content. By submitting User Generated Content pay royalties to the Website or Application, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted. You warrant that any User Generated Content that you submit to the Website or Application will not violate the rights of third partiesparty, including, but not limited to, trademark a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
(g) Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, copyright or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
(h) We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, and rights or of publicity and their right to privacy.
(i) We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate any applicable law, statute, ordinance, treatythese Terms, or regulation(ii) in response to complaints from other users or third parties, whether localwith or without notice and without any liability to you. As a result, statewe recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, provincialintegrity, nationalappropriateness or quality of any User Content, or international. You acknowledge and agree that Mokasoft is not responsible or under no circumstances will we be liable in any way for any User Generated Content. Mokasoft reserves the right, but has no obligation, to remove any information or content that,.
(ij) We accept no liability in the Mokasoft’s opinion violates, or may violate, any applicable law, or these terms of use and incorporated policies; or (ii) upon the request respect of any content submitted by users and published by us or by authorised third party that alleges that the User Generated Content infringes the third party’s rights. Mokasoft reserves the right, but has no obligation, to report to law enforcement any Personal Information or User Generated Content at any time and for whatever reason, in its sole and absolute discretionparties.
Appears in 1 contract
Samples: End User License Agreement