User Provided Content. Xeo Air may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Xeo Air through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Xeo Air, you grant Xeo Air a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Xeo Air business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Xeo Air the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Xeo Air use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Xeo Air in its sole discretion, whether or not such material may be protected by law. Xeo Air may, but shall not be obligated to, review, monitor, or remove User Content, at its sole discretion and at any time and for any reason, without notice to you.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
User Provided Content. Xeo Air iCash may, in its iCash’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Xeo Air iCash through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Xeo AiriCash, you grant Xeo Air iCash a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Xeo Air iCash’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Xeo Air iCash the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Xeo Air iCash’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Xeo Air iCash in its sole discretion, whether or not such material may be protected by law. Xeo Air iCash may, but shall not be obligated to, review, monitor, or remove User Content, at its iCash’s sole discretion and at any time and for any reason, without notice to you.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
User Provided Content. Xeo Air Paint Sutra may, in its Paint Sutra’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Xeo Air Paint Sutra through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Xeo AirPaint Sutra, you grant Xeo Air Paint Sutra a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Xeo Air Paint Sutra’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Xeo Air Paint Sutra the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Xeo Air Paint Sutra’s use of the User Content as permitted herein will infringe, misappropriate or violate a third partyThird-Party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelouslibellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Xeo Air Paint Sutra in its sole discretion, whether or not such material may be protected by law. Xeo Air Paint Sutra may, but shall not be obligated to, review, monitor, or remove User Content, at its Paint Sutra’s sole discretion and at any time and for any reason, without notice to you.
Appears in 1 contract
Samples: Terms of Use
User Provided Content. Xeo Air Stroll may, in its Stroll’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Xeo Air Stroll through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Xeo AirStroll, you grant Xeo Air Stroll a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Xeo Air Stroll’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you are either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Xeo Air Stroll the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Xeo Air Stroll’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Xeo Air Stroll in its sole discretion, whether or not such material may be protected by law. Xeo Air Stroll may, but shall not be obligated to, review, monitor, or remove User Content, at its Stroll’s sole discretion and at any time and for any reason, without notice to you.
Appears in 1 contract
Samples: Terms of Use
User Provided Content. Xeo Air MTG may, in its MTG's sole discretion, permit you from time to time to submit, upload, publish publish, or otherwise make available to Xeo Air MTG through the MTG Services textual, audio, and/or visual content and information, including commentary and feedback related to the MTG Services, and initiation of support requests, and submission of entries for competitions and promotions requests (“"User Content”"). Any User Content provided by you remains your property. However, by providing User Content to Xeo AirMTG, you grant Xeo Air MTG a worldwide, perpetual, irrevocable, transferrabletransferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the MTG Services and Xeo Air MTG's business and on third-third party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Xeo Air MTG the license to the User Content as set forth above; and (ii) neither the User Content Content, nor your submission, uploading, publishing or otherwise making available of such User Content Content, nor Xeo Air MTG's use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s 's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Xeo Air MTG in its sole discretion, whether or not such material may be protected by law. Xeo Air MTG may, but shall not be obligated to, review, monitor, or remove User Content, at its MTG's sole discretion and at any time and for any reason, without notice to you. You hereby agree to indemnify MTG and its affiliates and their officers, directors, employees, contractors, partners, licensors, and agents for any costs, claims, demands, losses, liabilities, suits, actions, proceedings, damages, settlements, judgments, injuries, fines, penalties, obligations, risks, and expenses (including attorneys' fees) arising out of any User Content you submit to MTG or post through the MTG Services.
Appears in 1 contract
Samples: Terms and Conditions
User Provided Content. Xeo Air Bonnti may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Xeo Air Bonnti through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“"User Content”"). Any User Content provided by you remains your property. However, by By providing User Content to Xeo Air, Bonnti ,you grant Xeo Air Bonnti a worldwide, perpetual, irrevocable, transferrabletransferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Xeo Air Xxxxxx's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Xeo Air Bonnti the license to the User Content as set forth above; and (ii) neither the User Content Content, nor your submission, uploading, publishing or otherwise making available of such User Content Content, nor Xeo Air Xxxxxx's use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s 's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Xeo Air Xxxxxx in its sole discretion, whether or not such material may be protected by law. Xeo Air Bonnti may, but shall not be obligated to, review, monitor, or remove User Content, at its Xxxxxx's sole discretion and at any time and for any reason, without notice to you. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." XXXXXX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, XXXXXX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. XXXXXX DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK (INCLUDING ALL HEALTH RISKS SUCH AS COVID 19) ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY. XXXXXX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF BONNTI EVEN IF XXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BONNTI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF XXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.BONNTI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND XXXXXX’S CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BONNTI LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON BONNTI CHOICE OF LAW PROVISION SET FORTH BELOW.
Appears in 1 contract
Samples: Terms of Service
User Provided Content. Xeo Air Claxi may, in its Xxxxx's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Xeo Air Claxi through the Services textual, audio, textual and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“"User Content”"). Any User Content provided by you remains your property. However, by providing User Content to Xeo AirClaxi, you grant Xeo Air Claxi a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, share, modify, create derivative works of, distribute, publicly display, publicly perform, even commercially and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Xeo Air Claxi's business and on third-third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Xeo Air Claxi the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Xeo Air Claxi's use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s 's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Xeo Air Xxxxx in its sole discretion, whether or not such material may be protected by law. Xeo Air Claxi may, but shall not be obligated to, review, monitor, or remove User Content, at its Claxi’s sole discretion and at any time and for any reason, without notice to you.. NETWORK ACCESS AND DEVICES You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless- enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Claxi does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Minimum supported devices for Claxi Driver app is with Android version 5.0, API level 21, and Code name: Lollipop. Minimum supported devices for Claxi Passenger app is with Android version 5.0, API level 21, and Code name: Lollipop. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Page | 7
Appears in 1 contract
Samples: Terms of Use