Common use of User Material Clause in Contracts

User Material. 3.1. The Website may allow Users to publish content, data, information, text, images, videos, audios, audio-•­visuals, User’s opinion, recommendation, advice, view, etc. ("User Material"). The User Material does not reflect the views of the Company. In no event shall the Company be held responsible for any User Material, neither does the Company endorse or recommend any User Material, nor shall the Company be liable for any loss or damages resulting from publishing of the User Material on the Website. 3.2. By submitting a User Material, You grant the Company a perpetual, worldwide, royalty- •­free, irrevocable, non-•­exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or in combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from the Company. 3.3. The Company will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Website generally, if any, in any manner that the Company may its sole discretion determine, at any time. Although the Company may endeavour to periodically monitor the User Material posted on the Website, the Company will not be responsible for the same. 3.4. In the event the Company hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the Company. 3.5. By posting User Material on the Website, You undertake, represent and warrant to the Company that: (a) the User Material is original; (b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and (c) is not defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law. 3.6. You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that: (a) belongs to another person and to which You do not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights; (e) violates any applicable national or international laws, regulations, rules and/or guidelines; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, national interest ,integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation/country; (j) is offensive or has menacing character; (k) causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will; (l) causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages. 3.7. You further undertaker that You shall not use the Website to: (a) violate the privacy right or personal right or confidential information of any person; (b) commit an act which could be construed as an act of cyber terrorism; (c) collect, store and/or identify private/personal information of any user or person; (d) facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community; (e) stalk or otherwise harass another person or user; (f) upload, post or e-•­mail any content that You do not have a right to transmit under any law or under contract; (g) upload, post or e-•­mail any content that infringes privacy rights, intellectual property rights or other third-•­party rights of any person or party; (h) upload, post or e-•­mail any unsolicited or unauthorized advertising, promotional materials, junk-­­ mail, spam, chain-•­letters or any other form of solicitation; (i) upload, post or e-•­mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website; (j) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including the Company’s servers, networks or accounts; (k) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges; (l) cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Website; (m) delete or revise any information provided by or pertaining to any other user of the Website; (n) promote and/or generate revenue for Yourself and/or any third-•­party business activity; (o) carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations; (p) post unauthorized commercial communications and including advertisements; and/or (q) manipulate or morph or alter or exploit any other User’s User Material. 3.8. You hereby confirm that the Company has the right to determine whether any content, data or information published by You on the Website is appropriate and complies with these User Agreement, and accordingly remove any and/or all of Your User Material, and terminate Your access without prior notice. This shall be without prejudice to any other rights and remedies that the Company has under law and/or in equity and/or under this agreement. 3.9. If You submit any User Material on the Website, You shall be deemed to have waived any rights, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-•­use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Website and agree that the Company shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You. 3.10. You further agree that the Company shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website.

User Material. 3.1. 9.1 The Website may allow Users to publish content, data, information, text, images, videos, audios, audio-•­visualsaudio-visuals, User’s opinion, recommendation, advice, view, etc. ("User Material"). The User Material does not reflect the views of the Company. In no event shall the Company be held responsible for any User Material, neither does the Company endorse or recommend any User Material, nor shall the Company be liable for any loss or damages resulting from publishing of the User Material on the Website. 3.2. 9.2 By submitting a User Material, You grant the Company a perpetual, worldwide, royalty- •­freeroyalty-free, irrevocable, non-•­exclusive non-exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or in combination with any other material. You agree that in such circumstances, You you are not entitled to any intimation or compensation from the Company. 3.3. 9.3 The Company will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Website generally, if any, in any manner that the Company may its sole discretion determine, at any time. Although the Company may endeavour to periodically monitor the User Material posted on the Website, the Company will not be responsible for the same. 3.4. 9.4 In the event the Company hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the Company. 3.5. 9.5 By posting User Material on the Website, You you undertake, represent and warrant to the Company that: (a) the User Material is original; (b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and (c) is not defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law. 3.6. 9.6 You agree, covenant and undertake that You shall NOT not host, display, upload, modify, publish, transmit, update or share any data, information, content or message that: (a) belongs to another person and to which You you do not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights; (e) violates any applicable national or international laws, regulations, rules and/or guidelines; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, national interest ,integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation/country; (j) is offensive or has menacing character; (k) causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will; (l) causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages. 3.7. 9.7 You further undertaker that You you shall not use the Website to: (a) violate the privacy right or personal right or confidential information of any person; (b) commit an act which could be construed as an act of cyber terrorism; (c) collect, store and/or identify private/personal information of any user or person; (d) facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community; (e) stalk or otherwise harass another person or user; (f) upload, post or e-•­mail e‐mail any content that You you do not have a right to transmit under any law or under contract; (g) upload, post or e-•­mail e‐mail any content that infringes privacy rights, intellectual property rights or other third-•­party third party rights of any person or party; (h) upload, post or e-•­mail e‐mail any unsolicited or unauthorized advertising, promotional materials, junk-­­ junk mail, spam, chain-•­letters chain‐letters or any other form of solicitation; (i) upload, post or e-•­mail e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website; (j) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including the Company’s servers, networks or accounts; (k) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges; (l) cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Website; (m) delete or revise any information provided by or pertaining to any other user of the Website; (n) promote and/or generate revenue for Yourself yourself and/or any third-•­party third party business activity; (o) carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations; (p) post unauthorized commercial communications and including advertisements; and/or (q) manipulate or morph or alter or exploit any other User’s User Material. 3.8. 9.8 You hereby confirm that the Company has the right to determine whether any content, data or information published by You you on the Website is appropriate and complies with these User AgreementTerms of Use, and accordingly remove any and/or all of Your your User Material, and terminate Your your access without prior notice. This shall be without prejudice to any other rights and remedies that the Company has under law and/or in equity and/or under this agreement. 3.9. 9.9 If You you submit any User Material on the Website, You you shall be deemed to have waived any rights, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-•­usere-use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Website and agree that the Company shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by Youyou. 3.10. 9.10 You further agree that the Company shall not be responsible or liable to You you for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website.

User Material. 3.1. The Website may allow Users to publish content, data, information, text, images, videos, audios, audio-•­visualsaudio-•-visuals, User’s opinion, recommendation, advice, view, etc. ("User Material"). The User Material does not reflect the views of the Company. In no event shall the Company be held responsible for any User Material, neither does the Company endorse or recommend any User Material, nor shall the Company be liable for any loss or damages resulting from publishing of the User Material on the Website. 3.2. By submitting a User Material, You grant the Company a perpetual, worldwide, royalty- •­free•-free, irrevocable, non-•­exclusive non-•-exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or in combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from the Company. 3.3. The Company will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Website generally, if any, in any manner that the Company may its sole discretion determine, at any time. Although the Company may endeavour to periodically monitor the User Material posted on the Website, the Company will not be responsible for the same. 3.4. In the event the Company hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the Company. 3.5. By posting User Material on the Website, You undertake, represent and warrant to the Company that: (a) the User Material is original; (b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and (c) is not defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law. 3.6. You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that: (a) belongs to another person and to which You do not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights; (e) violates any applicable national or international laws, regulations, rules and/or guidelines; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, national interest ,integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation/country; (j) is offensive or has menacing character; (k) causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will; (l) causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages. 3.7. You further undertaker that You shall not use the Website to: (a) violate the privacy right or personal right or confidential information of any person; (b) commit an act which could be construed as an act of cyber terrorism; (c) collect, store and/or identify private/personal information of any user or person; (d) facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community; (e) stalk or otherwise harass another person or user; (f) upload, post or e-•­mail e-•-mail any content that You do not have a right to transmit under any law or under contract; (g) upload, post or e-•­mail e-•-mail any content that infringes privacy rights, intellectual property rights or other third-•­party third-•-party rights of any person or party; (h) upload, post or e-•­mail e-•-mail any unsolicited or unauthorized advertising, promotional materials, junk-­­ junk--- mail, spam, chain-•­letters chain-•-letters or any other form of solicitation; (i) upload, post or e-•­mail e-•-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website; (j) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including the Company’s servers, networks or accounts; (k) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges; (l) cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Website; (m) delete or revise any information provided by or pertaining to any other user of the Website; (n) promote and/or generate revenue for Yourself and/or any third-•­party third-•-party business activity; (o) carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations; (p) post unauthorized commercial communications and including advertisements; and/or (q) manipulate or morph or alter or exploit any other User’s User Material. 3.8. You hereby confirm that the Company has the right to determine whether any content, data or information published by You on the Website is appropriate and complies with these User Agreement, and accordingly remove any and/or all of Your User Material, and terminate Your access without prior notice. This shall be without prejudice to any other rights and remedies that the Company has under law and/or in equity and/or under this agreement. 3.9. If You submit any User Material on the Website, You shall be deemed to have waived any rights, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-•­usere-•-use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Website and agree that the Company shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You. 3.10. You further agree that the Company shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website.