User Submissions. The Service may permit you to submit, display or post materials that will be visible to other players (“User Submissions”). With respect to all User Submissions, you agree to comply with the terms of this Agreement, and not to commit any of the Prohibited Activities set forth above. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to SQUARE ENIX, you hereby grant SQUARE ENIX and the Licensor a worldwide, non-exclusive, perpetual, royalty- free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Service and SQUARE ENIX's and Licensor’s (and their successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under this Agreement. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SQUARE ENIX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this Agreement. You understand that when using the Service, you will be exposed to User Submissions from a variety of sources, and that SQUARE ENIX and/or the Licensor is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SQUARE ENIX and/or the Licensor with respect thereto, and agree to indemnify and hold SQUARE ENIX and the Licensor, its respective owners, employees, affiliates, licensors, and employees harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. SQUARE ENIX and the Licensor take no responsibility and assume no liability for any User Submissions posted, stored or uploaded by you or any third party using the Service, or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you post or store on the Service at your sole cost and expense. SQUARE ENIX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SQUARE ENIX and the Licensor expressly disclaim any and all liability in connection with User Submissions. SQUARE ENIX does not permit copyright infringing activities and infringement of intellectual property rights within the Service, and SQUARE ENIX will use commercially reasonable efforts to remove all allegedly infringing content and User Submissions in accordance with the procedures set forth in the Digital Millennium Copyright Act.
Appears in 1 contract
Samples: Terms of Use
User Submissions. A. The Service OSKOPE Website may now or in the future permit you to submit, display the submission of videos or post materials that will be visible to other players communications submitted by You and other users (“"User Submissions”). With respect to all ") and the hosting, sharing, and/or publishing of such User Submissions, you agree to comply with . Any information posted or submitted by You on the terms of this Agreement, and not to commit any of the Prohibited Activities set forth above. OSKOPE Website shall be deemed non-confidential.
B. You are shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. Howeverwarrant and, by submitting the User Submissions to SQUARE ENIX, you hereby grant SQUARE ENIX and the Licensor a worldwide, non-exclusive, perpetual, royalty- free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Service and SQUARE ENIX's and Licensor’s (and their successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under this Agreement. In connection with User Submissions, you affirm, represent, and/or warrant represent that: (i) you own or have the necessary licensesright, rights, consents, and permissions to use and authorize SQUARE ENIX OSKOPE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service OSKOPE Website and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service OSKOPE Website and this Agreement.
C. By submitting User Submissions to OSKOPE, You grant OSKOPE a worldwide, non-exclusive, royalty- free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the OSKOPE Website and OSKOPE's business (and its successor's business), including without limitation for promoting and redistributing part or all of the OSKOPE Website (and derivative works thereof) in any media formats and through any media channels. You understand that when using also hereby grant each user of the Service, you will be exposed OSKOPE Website a non-exclusive license to access Your User Submissions from a variety of sourcesthrough the OSKOPE Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the OSKOPE Website and under this Agreement.
D. In connection with User Submissions, You will not: (i) submit material that SQUARE ENIX and/or is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the Licensor owner of such rights or have permission from their rightful owner to post the material and to grant OSKOPE all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage OSKOPE or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
E. OSKOPE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of of, or relating to such to, User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SQUARE ENIX and/or the Licensor with respect thereto, and agree to indemnify and hold SQUARE ENIX and the Licensor, its respective owners, employees, affiliates, licensors, and employees harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. SQUARE ENIX and the Licensor take no responsibility and assume no liability for any User Submissions posted, stored or uploaded by you or any third party using the Service, or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you post or store on the Service at your sole cost and expense. SQUARE ENIX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SQUARE ENIX and the Licensor expressly disclaim any and all liability in connection with User Submissions. SQUARE ENIX does not permit copyright infringing activities and infringement of intellectual property rights within the Service, and SQUARE ENIX will use commercially reasonable efforts to remove all allegedly infringing content and User Submissions in accordance with the procedures set forth in the Digital Millennium Copyright Act.
Appears in 1 contract
Samples: Website Terms and Conditions of Use
User Submissions. The Service Services may permit provide you with the ability to submitcreate, display upload, submit through the mobile app disclose, distribute or otherwise post materials that will be visible (hereafter, “posting”) content (including, without limitation, personal health information, activity tracking, mood tracking, personal thoughts), audio clips, written comments, data, text, photographs, graphics, works of authorship or other information related to other players the Services, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, “User Submissions”). With respect You represent and warrant to us that (i) you own all rights, title and interest in and to your User Submissions or are otherwise authorized to grant the rights provided to 180 herein and (ii) that doing so will not violate any law or infringe upon or violate the rights of any person or entity. By posting User Submissions on or through the Services or otherwise providing feedback to us (e.g., in responding to surveys or questionnaires), whether solicited or unsolicited by us, including without limitation any individually identifiable health or personal information you submit to us, you hereby irrevocably and unconditionally assign to us all right, title, and interest in and to any such User Submissions (including, without limitation, any modifications, reproductions, or derivative works thereof), and all User Submissions, you agree supply to comply us through the Mobile App or the Services shall be deemed and shall remain our property, subject to 180’s compliance with these Terms, the terms of this AgreementPrivacy Policy, and not to commit any of the Prohibited Activities set forth above. You are solely responsible for your own User Submissions all applicable federal and the consequences of posting or publishing them. You retain all of your ownership rights state privacy laws in your creating, using and disclosing such User Submissions. HoweverExcept as provided in the Privacy Policy, by submitting none of the User Submissions shall be subject to SQUARE ENIX, you hereby grant SQUARE ENIX and the Licensor a worldwide, non-exclusive, perpetual, royalty- free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, displayany obligation of confidence on our part, and perform you agree to waive any and all claims arising from or relating to the exercise by 180 of the rights granted herein. You understand that 180 shall have the right to de-identify all User Submissions in connection accordance with 45 CFR section 164.514 and use such de-identified data for its own business purposes, as well as reformat, excerpt, or translate any materials, content or information submitted by you, including all User Submissions. By providing you with the Service and SQUARE ENIX's and Licensor’s (and their successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license ability to access your distribute User Submissions through the ServiceServices, and 180 is not undertaking any obligation or liability relating to useany User Submissions or activity related thereto, reproduce, distribute, prepare derivative works of, display and perform nor does 180 endorse any such User Submissions as permitted or activities. 180 cannot guarantee the authenticity of any data which users may provide about themselves through the functionality of the Service and under this AgreementServices. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SQUARE ENIX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and You acknowledge that all User Submissions are the sole responsibility of the person who made such User Submissions. This means that you are entirely responsible for all User Submissions that you upload, post, transmit or otherwise display to enable inclusion the Site, the Mobile App and use of the Services. We do not control the User Submissions in the manner contemplated uploaded, posted, transmitted or otherwise displayed on our Services by the Service and this Agreementothers; and (ii) you have the written consenttherefore, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this Agreement. You understand that when using the Service, you will be exposed to User Submissions from a variety of sources, and that SQUARE ENIX and/or the Licensor is we do not responsible for guarantee the accuracy, usefulness, safety, integrity or intellectual property rights quality of or relating to such User Submissions. You further understand and acknowledge agree that you may be exposed to User Submissions that are inaccurateoffensive or objectionable by using the Services. Although we reserve the right, offensive180 has no obligation to monitor the Mobile App, indecentServices, Content, or objectionableUser Submissions. 180 may edit, and you agree to waivemodify, and hereby do waive, suspend or remove any legal or equitable rights or remedies you have or may have against SQUARE ENIX and/or the Licensor with respect thereto, and agree to indemnify and hold SQUARE ENIX and the Licensor, its respective owners, employees, affiliates, licensors, and employees harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. SQUARE ENIX and the Licensor take no responsibility and assume no liability User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submissions postedSubmission, stored in order to comply with applicable laws or uploaded failure to adhere to community standards and conduct guidelines set forth in these Terms or otherwise established by you or any third party using the Service180), or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you post or store on the Service no reason at your sole cost and expenseall. SQUARE ENIX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SQUARE ENIX and the Licensor expressly disclaim any and all liability in connection with User Submissions. SQUARE ENIX does not permit copyright infringing activities and infringement of intellectual property rights within the Service, and SQUARE ENIX will use commercially reasonable efforts to remove all allegedly infringing content and User Submissions in accordance with the procedures set forth in the Digital Millennium Copyright Act180 DISCLAIMS ANY ACTUAL OR IMPLIED DUTY TO MONITOR USER SUBMISSIONS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY USER SUBMISSIONS OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES.
Appears in 1 contract
Samples: Mobile App Terms of Use
User Submissions. The Service You may permit you to submit, display not give false information or post materials that will be visible to other players (“User Submissions”)intentionally hide required information at the time of registration. With respect to all User SubmissionsUpon registration, you agree must choose a User ID to comply with the terms of this Agreementrepresent yourself to others, and a password. You may not to commit any select as a User ID the name of the Prohibited Activities set forth aboveanother person, or a name that violates trade-xxxx, copyright, or other proprietary right. You are solely entirely responsible for maintaining the confidentiality of your own User Submissions and the consequences of posting or publishing thempassword. You retain are liable for all activities conducted through your User ID, and any consequences and charges that arise from such use, including any use resulting from any disclosure of your ownership rights in password. You are hereby warned that no staff member of Xxxxx.xxx is permitted to ask for your password online. Although your internet service may allow a feature that `remembers' a password, use of this feature is strongly discouraged as it may make it possible for third parties to access your User SubmissionsID and account. HoweverGenerally, any communication that you post to the Web Site is considered to be non-confidential. If particular Web Site pages permit the submission of communications which will be treated by submitting the User Submissions Company as confidential, that fact will be stated in the Company's Privacy Policy. By posting communications to SQUARE ENIXthe Web Site, you hereby automatically grant SQUARE ENIX and the Licensor Company a worldwide, nonroyalty-exclusivefree, perpetual, royalty- free, subirrevocable nonexclusive universe-licensable and transferable wide license to use, reproduce, modify, publish, edit, translate, distribute, prepare derivative works of, displayperform, and perform display the User Submissions in connection with the Service and SQUARE ENIX's and Licensor’s (and their successors’) business, including without limitation for promoting and redistributing communication alone or as part or all of the Website (and derivative other works thereof) in any form, media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Serviceor technology, whether now known or hereafter developed, and to usesublicense such rights. As a user, reproduce, distribute, prepare derivative works of, display you are responsible for all communications and perform such User Submissions as permitted through are responsible for the functionality consequences of those communications. You must not do or permit any of the Service and under this Agreement. In connection with User Submissionsfollowing things: post or arrange the exchange of material in which copyright subsists, unless you affirm, represent, and/or warrant that: (i) you own are the copyright owner or have the necessary licenses, rights, consents, and permissions to use and authorize SQUARE ENIX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use permission of the User Submissions in copyright owner to post it; post or arrange the manner contemplated by the Service and this Agreement; and (ii) exchange of material that reveals trade secrets, unless you own them or have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use owner; post or arrange the name or likeness exchange of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this Agreement. You understand material that when using the Service, you will be exposed to User Submissions from a variety of sources, and that SQUARE ENIX and/or the Licensor is not responsible for the accuracy, usefulness, safety, or infringes on any other intellectual property rights of others or relating on the privacy or publicity rights of others; post or arrange the exchange of material that is illegal, obscene, defamatory, threatening, harassing, abusive, hateful, disruptive or embarrassing to such User Submissionsanother user or any other person or entity; post or arrange the exchange of any sexually-explicit images; post advertisements or solicitations of business; post or arrange the exchange of chain letters or pyramid schemes; or impersonate another person. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You further understand and acknowledge that any reliance on material posted by other users will be at your own risk. The Company may, but is not obligated to, monitor and screen communications posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. You agree to immediately remove material if requested by the Company. The Company has no liability or responsibility to users for performance or non-performance of such activities. The Company reserves the right to expel users and prevent their further access to its web sites for violating these Terms and Conditions or the law, and the Company reserves the right to block the posting of or remove communications which the Company believes to be abusive, illegal or disruptive. Some of the Company's games reward successful players with prizes that can take the form of cash or other miscellaneous prizes. The operation of the game and the awarding of the prize to you may must be exposed lawful under all laws and regulations applicable in the jurisdiction in which you are located in order for you to User Submissions that are inaccuratebe eligible for prizes. Without limitation, offensive, indecentplayers who reside in Quebec or outside of the United States or Canada (excluding Quebec), or objectionablewho are under 18 years of age, are not eligible to receive some of the prizes offered elsewhere by the Company. Furthermore, to be eligible for a cash prize, you must provide the Company with specific personal individual information for income tax purposes. This specific information includes: full legal name, complete address (city, state, country and zip/postal code), a social security number (social insurance number in Canada) and date of birth. All information must be completed in full as described in our Affidavit of Eligibility (copy available on the Web Site) and must be accurate in order to receive a prize. If information is not provided or cannot be verified, you agree will not be eligible to waivereceive a prize. Xxxxx.xxx also reserves the right to use the collected personal information in advertising, and hereby do waive, any legal or equitable rights or remedies you have or may have against SQUARE ENIX promotional and/or the Licensor with respect thereto, and agree to indemnify and hold SQUARE ENIX marketing materials as described in our Rules section and the LicensorLiability and Publicity Release on our prize claim form, its respective owners, employees, affiliates, licensors, and employees harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. SQUARE ENIX and the Licensor take no responsibility and assume no liability for any User Submissions posted, stored or uploaded by you or any third party using the Service, or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you post or store which are available on the Service at your sole cost and expense. SQUARE ENIX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SQUARE ENIX and the Licensor expressly disclaim any and all liability in connection with User Submissions. SQUARE ENIX does not permit copyright infringing activities and infringement of intellectual property rights within the Service, and SQUARE ENIX will use commercially reasonable efforts to remove all allegedly infringing content and User Submissions in accordance with the procedures set forth in the Digital Millennium Copyright ActWeb Site.
Appears in 1 contract
Samples: Software License Agreement (Cyop Systems International Inc)
User Submissions. The Service We may permit you use your User Submissions in a number of different ways in connection with the Services and FinClub business as we may determine in our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other Users to submitdo the same in connection with their own websites, display or post materials that will be visible to other players media platforms, and applications (“User Submissions”"Third Party Media"). With respect to all User Submissions, you agree to comply with the terms of this Agreement, and not to commit any of the Prohibited Activities set forth above. You are solely responsible for your own By submitting User Submissions and through the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to SQUARE ENIXWebsite, you hereby do and shall grant SQUARE ENIX and the Licensor FinClub a worldwide, non-exclusive, perpetualroyalty-free, royalty- freefully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and perform otherwise fully exploit the User Submissions in connection with the Service Services and SQUARE ENIXFinClub's and Licensor’s (and their successors’its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Website website (and derivative works thereof) in any media formats and through any media channels). You also hereby do and shall grant each user User of the Service website, including Third Party Media, a non-exclusive license licence to access your User Submissions through the ServiceWebsite, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under this Agreement. In in connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SQUARE ENIX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and their use of the website and Third Party Media. For clarity, the foregoing licence grant to FinClub does not affect your other ownership or license rights in your User Submissions Submission(s), including the right to grant additional licenses to the material in the manner contemplated by the Service your User Submission(s), unless otherwise agreed in writing with FinClub. You represent and this Agreement; and (ii) warrant that you have the written consent, release, and/or permission all rights to grant such licence to us without infringement or violation of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this Agreement. You understand that when using the Service, you will be exposed to User Submissions from a variety of sources, and that SQUARE ENIX and/or the Licensor is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SQUARE ENIX and/or the Licensor with respect thereto, and agree to indemnify and hold SQUARE ENIX and the Licensor, its respective owners, employees, affiliates, licensors, and employees harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. SQUARE ENIX and the Licensor take no responsibility and assume no liability for any User Submissions posted, stored or uploaded by you or any third party using the Servicerights, including without limitation, any privacy rights and/ or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you post or store on the Service at your sole cost and expense. SQUARE ENIX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SQUARE ENIX and the Licensor expressly disclaim any and all liability in connection with User Submissions. SQUARE ENIX does not permit copyright infringing activities and infringement of intellectual property rights within the Service, and SQUARE ENIX will use commercially reasonable efforts to remove all allegedly infringing content and User Submissions in accordance with the procedures set forth in the Digital Millennium Copyright Actpublicity rights.
Appears in 1 contract
Samples: Terms of Use
User Submissions. The Service Software may permit you to submitthe submission of comments, display feedback, notes, messages, ideas, concepts, know- how, techniques, or post materials that will be visible to other players communications submitted by You and other users (“User Submissions”)) through the Software. With respect By submitting any such materials through the Software, You represent and warrant that You will not submit or post material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit or post the material. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting or submitting User Submissions. ITASCA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. If You submit any User Submissions, you agree excluding Technical Support queries, to comply with the terms of this AgreementItasca, and not to commit any of the Prohibited Activities set forth above. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to SQUARE ENIX, you hereby grant SQUARE ENIX and the Licensor a worldwide, non-exclusive, perpetual, royalty- royalty-free, sub-licensable perpetual right and transferable license to Itasca and its affiliates to use, reproduce, distribute, prepare display, transmit, publish, modify, edit and/or create derivative works of, display, and perform from the User Submissions in connection with the Service and SQUARE ENIX's and Licensor’s (and their successors’) businessany format, including without limitation for promoting and redistributing part coding or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform watermarking such User Submissions as permitted through the functionality of the Service and under this Agreement. In connection with User Submissions, you affirmon the Software and in related promotional materials provided in any medium, representforum or format, and/or warrant that: (i) you own for any purpose of Itasca or have the necessary licensesits affiliates in their sole discretion. Itasca welcomes Your comments and suggestions. However, rightsexcept for any personal information we may collect from You pursuant to our Privacy Policy, consents, and permissions to use and authorize SQUARE ENIX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion will be considered non-confidential and use of the User Submissions in the manner contemplated by the Service and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this Agreementnon-proprietary. You understand that when using the Service, you will be exposed to whether or not such User Submissions from a variety of sourcesare published or posted, Itasca (1) does not guarantee any confidentiality with respect to any User Submissions (except as described in our Privacy Policy), (2) does not pay any compensation for User Submissions, and that SQUARE ENIX and/or the Licensor (3) is not responsible for the accuracy, usefulness, safety, under no obligation to respond to or intellectual property rights of or relating to such post any User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurateYOU AGREE TO WAIVE, offensiveAND HEREBY DO WAIVE, indecentANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE ITASCA PARTIES WITH RESPECT TO USER SUBMISSIONS, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SQUARE ENIX and/or the Licensor with respect thereto, and agree to indemnify and hold SQUARE ENIX and the Licensor, its respective owners, employees, affiliates, licensors, and employees harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. SQUARE ENIX and the Licensor take no responsibility and assume no liability for any User Submissions posted, stored or uploaded by you or any third party using the Service, or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you post or store on the Service at your sole cost and expense. SQUARE ENIX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SQUARE ENIX and the Licensor expressly disclaim any and all liability in connection with User Submissions. SQUARE ENIX does not permit copyright infringing activities and infringement of intellectual property rights within the Service, and SQUARE ENIX will use commercially reasonable efforts to remove all allegedly infringing content and User Submissions in accordance with the procedures set forth in the Digital Millennium Copyright ActAND AGREE TO INDEMNIFY AND HOLD THE ITASCA PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USER SUBMISSIONS AND YOUR USE OF THE SOFTWARE.
Appears in 1 contract
Samples: End User License Agreement
User Submissions. The Service may permit you to submitthe submission of text, display graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or post materials that will be visible to other players communications and data submitted by You and other users, excluding Technical Support queries, (“User Submissions”)) on the Service. With respect By submitting any such materials to all User Submissionsthe Service, you You represent and warrant that You will not submit or post material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit or post the material. In addition, You agree to comply with the terms of this Agreementpay for all royalties, fees, and not other payments owed to commit any party by reason of the Prohibited Activities set forth above. You are solely responsible for your own User Submissions and the consequences of Your posting or publishing them. You retain all of your ownership rights in your submitting User Submissions. HoweverITASCA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. You further represent and warrant that You have the permission of any individuals depicted in photographs, by submitting videos or recordings that You submit to the Service or on Itasca’s social media sites, to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to Itasca. If You submit any User Submissions to SQUARE ENIXItasca, you You hereby grant SQUARE ENIX and the Licensor a worldwide, non-exclusive, perpetual, royalty- royalty-free, sub-licensable perpetual right and transferable license to Itasca and its affiliates to use, reproduce, distribute, prepare display, transmit, publish, modify, edit and/or create derivative works of, display, and perform from the User Submissions in connection with the Service and SQUARE ENIX's and Licensor’s (and their successors’) businessany format, including without limitation for promoting coding or watermarking such User Submissions, on the Service and redistributing part or all of the Website (and derivative works thereof) in related promotional materials provided in any media formats and through medium, forum or format, for any media channelspurpose of Itasca or its affiliates in their sole discretion. You also hereby grant each user agree that immediately upon the creation by or on behalf of Itasca of any derivative works from, modifications, edits or other changes to the Service a non-exclusive license to access your User Submissions through (the Service“Modified Content”), the Modified Content will become the sole and to useexclusive property of Itasca and that We will own the entire right, reproduce, distribute, prepare derivative works of, display title and perform such User Submissions as permitted through the functionality of the Service and under this Agreement. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SQUARE ENIX to use all patent, trademark, trade secret, copyright or other proprietary rights interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Itasca in its sole discretion. You hereby grant, assign, transfer and convey any and all right, title or interest You have or may be deemed to have in and to the Modified Content to Itasca. Itasca welcomes Your comments and suggestions. However, except for any personal information we may collect from You pursuant to our Privacy Policy, User Submissions to enable inclusion will be considered non-confidential and use of the User Submissions in the manner contemplated by the Service and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this Agreementnon-proprietary. You understand that when using the Service, you will be exposed to whether or not such User Submissions from a variety of sourcesare published or posted, Itasca (1) does not guarantee any confidentiality with respect to any User Submissions (except as described in our Privacy Policy), (2) does not pay any compensation for User Submissions, and that SQUARE ENIX and/or the Licensor (3) is not responsible for the accuracy, usefulness, safety, under no obligation to respond to or intellectual property rights of or relating to such post any User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurateYOU AGREE TO WAIVE, offensiveAND HEREBY DO WAIVE, indecentANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE ITASCA PARTIES WITH RESPECT TO USER SUBMISSIONS, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SQUARE ENIX and/or the Licensor with respect thereto, and agree to indemnify and hold SQUARE ENIX and the Licensor, its respective owners, employees, affiliates, licensors, and employees harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. SQUARE ENIX and the Licensor take no responsibility and assume no liability for any User Submissions posted, stored or uploaded by you or any third party using the Service, or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you post or store on the Service at your sole cost and expense. SQUARE ENIX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SQUARE ENIX and the Licensor expressly disclaim any and all liability in connection with User Submissions. SQUARE ENIX does not permit copyright infringing activities and infringement of intellectual property rights within the Service, and SQUARE ENIX will use commercially reasonable efforts to remove all allegedly infringing content and User Submissions in accordance with the procedures set forth in the Digital Millennium Copyright ActAND AGREE TO INDEMNIFY AND HOLD THE ITASCA PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USER SUBMISSIONS AND YOUR USE OF THE SERVICE.
Appears in 1 contract
Samples: Website Terms of Use
User Submissions. The Service During your use of the Site, you may permit send, post, or otherwise transmit text, links, software, photographs, video, sound, music, feedback, comments, suggestions, or other information, material or files including, without limitation, names or likenesses (all whether concerning you to submitor a third party) (collectively, display or post materials that will be visible to other players (the “User Submissions”). With respect ) to all User Submissionsthe Site, you agree whether or not requested to comply with the terms of this Agreement, and not to commit any of the Prohibited Activities set forth abovedo so by Bravely Go LLC. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions shall be deemed to SQUARE ENIX, you hereby grant SQUARE ENIX and the Licensor have granted to Bravely Go LLC a worldwide, perpetual, royalty-free, non-exclusive, perpetual, royalty- freetransferrable, sub-licensable and transferable licensable, license to usecache, reproducecopy, distribute, prepare derivative works oftransmit, publicly display, reproduce and perform otherwise use or exploit the User Submissions on the Site and in any other media, digital or analog, now known or hereafter developed throughout the universe including, without limitation, the internet, mobile devices, and in advertising or promotion, print or otherwise. YOU WILL CONTINUE TO OWN ANY IPR IN AND TO THE SUBMISSIONS THAT YOU ACTUALLY OWN WHEN YOU SENT SAID SUBMISSIONS TO THE WEBSITE. FURTHERMORE, YOU WILL CONTINUE TO HAVE CONTROL OVER SAID SUBMISSIONS. For the avoidance of doubt, by submitting your Submission you understand and agree that: (1) any Submissions may become publicly viewable on the Site or elsewhere; (2) Bravely Go LLC has the right to publish your user name in connection with the Service and SQUARE ENIX's and Licensor’s (and their successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under this Agreement. In connection with User Submissions, wherever applicable; (3) you affirm, represent, and/or warrant that: (i) will only submit Submissions that you own or have permission to submit from the necessary licensesowner, rights, consents, and permissions to use and authorize SQUARE ENIX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use which case you will provide Bravely Go LLC upon request with a copy of a written consent from the User Submissions in the manner contemplated by the Service and this Agreementowner; and (ii4) your Submission constitutes a waiver of the right to privacy or publicity of the owner of the Submission and any third party named in it with respect to the Submission and all of its contents. Bravely Go LLC shall have no obligation to pay you any compensation for your Submissions and with respect to Bravely Go LLC’s use or nonuse of your Submissions, and is under no obligation to post or use any Submissions you may provide. Bravely Go LLC may, in its sole discretion, remove any Submissions at any time, with or without notice to you, prior or otherwise. You may request the removal of your Submissions for any reason on reasonable written notice to Bravely Go LLC, on receipt of which Bravely Go LLC will take commercially reasonable steps to comply. Neither these Terms nor the Privacy Policy governs or protects any information that you have publicly disclosed on the written consent, release, and/or permission of each Site. It is your responsibility to review what information you wish to share with members and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use non-members of the User Submissions Site. Bravely Go LLC recommends that you do not list any actual contact information in an item listing or in any other public Submission. In the manner contemplated by the Service and this Agreementevent that you choose to publicly share such contact information, you do so at your own risk. You understand that when using the Service, you will be exposed to User Submissions from a variety of sources, and that SQUARE ENIX and/or the Licensor is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SQUARE ENIX and/or the Licensor with respect thereto, and agree to indemnify and hold SQUARE ENIX and the Licensor, its respective owners, employees, affiliates, licensors, and employees harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. SQUARE ENIX and the Licensor take no responsibility and assume no liability responsible for any User Submissions postedContributions you submit or contribute, stored and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or uploaded liable to any third party, for the content or accuracy of any User Contributions posted by you or any third party using other user of the Service, or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you post or store on the Service at your sole cost and expense. SQUARE ENIX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SQUARE ENIX and the Licensor expressly disclaim any and all liability in connection with User Submissions. SQUARE ENIX does not permit copyright infringing activities and infringement of intellectual property rights within the Service, and SQUARE ENIX will use commercially reasonable efforts to remove all allegedly infringing content and User Submissions in accordance with the procedures set forth in the Digital Millennium Copyright ActWebsite.
Appears in 1 contract
Samples: Terms of Use
User Submissions. 11.1. The Company allows Buyers to post reviews of Goods offered within the Marketing Service may permit you and of Sellers offering such Goods. The Company also allows Sellers to submitpromote Goods using content, display or post materials that will be visible to other players such as texts and photos, describing their Goods and themselves as Sellers (together: “User Submissions).”). With respect to all User Submissions, you agree to comply with the terms of this Agreement, and not to commit any of the Prohibited Activities set forth above
11.2. You are solely responsible for your own User Submissions and the consequences of posting or publishing themit. You retain all represent, and warrant that: (1) You are the creator and owner of your ownership the User Submission content, or have sufficient rights in and authority to post the User Submission and any content therein and your User Submissions. However, by submitting the Submission does not infringe on any third party's intellectual property rights; (2) your User Submissions do not and will not violate this Agreement; and (3) your User Submissions do not contain any viruses, adware, spyware, worms, or other harmful or malicious code.
11.3. Your User Submissions may be public and accessible to SQUARE ENIXother users in our Services. You warrant that You own all the rights, you licenses, consents, permissions, titles and interests required for You to post your User Submission in the manner contemplated herein.
11.4. You hereby grant SQUARE ENIX and the Licensor Company a worldwide, non-exclusiverevocable, perpetual, royalty- royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the use your User Submissions in connection with our Services including without limitation for promoting and redistributing our Services or any portion thereof, including without limitation to reproduce, distribute, make derivatives of it and use it in order to promote the Service Company's business in any way, and SQUARE ENIX's without the need for any further compensation, approval or consent, pursuant to the terms contained in our Privacy Policy.
11.5. Unless otherwise agreed upon in a written agreement between You and Licensor’s Company, if You submit, transmit, display, perform, post or store User Submissions using the Services, You grant the Company and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law, an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and their successors’) business, display such User Submission (including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channelsServices).
11.6. You acknowledge that the Company may review any content submitted to any Service to determine whether it is illegal or whether it violates this Agreement or our policies. We may also hereby grant each user of modify, prevent access to, delete, reject or refuse to display any content that we believe violates the Service a non-exclusive license law or the Agreement.
11.7. However, the Company has no obligation to access your User Submissions through the monitor or review any content submitted to any Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through including the functionality of the Service and under this Agreement. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SQUARE ENIX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this Agreement.
11.8. You understand that when using the Service, you will be exposed to User Submissions from a variety of sources, and that SQUARE ENIX and/or the Licensor is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SQUARE ENIX and/or the Licensor with respect thereto, and agree to indemnify and hold SQUARE ENIX and the Licensor, its respective owners, employees, affiliates, licensors, and employees harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. SQUARE ENIX and the Licensor take no responsibility and assume no liability for any User Submissions posted, stored or uploaded by you or any third party using the Service, or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you You post or store on the Service Services at your sole cost and expense.
11.9. SQUARE ENIX does not endorse any To the extent applicable to your User Submission or any opinion(particularly applicable to sellers), recommendation, or advice expressed therein, and SQUARE ENIX and the Licensor expressly disclaim You agree that your User Submissions will comply with any and all liability applicable laws, rules, regulations, guidelines and industry standards and best practices regarding advertising and marketing (including without limitation, the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in connection with User Submissions. SQUARE ENIX does not permit copyright infringing activities Advertising, the FTC’s .com Disclosures Guide, the FTC’s Native Advertising Guidelines, Directive 2006/114/EC of the European Parliament and infringement of intellectual property rights within the ServiceCouncil of 12 December 2006 concerning misleading and comparative advertising, Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market, and SQUARE ENIX will use commercially reasonable efforts any local implementation or updates to remove all allegedly infringing content the foregoing). For example, if You have been paid or received other benefits in exchange for promoting a product or service through the Services, or if You are an employee of a company and User Submissions in accordance You discuss or promote that company’s products or services through our Services, You agree to comply with the procedures set forth in FTC Guidelines or the Digital Millennium Copyright ActDirective 2006/114/EC, as applicable to You. You, and not the Company, are solely responsible for any endorsements or testimonials You make regarding any product or service through the Services.
Appears in 1 contract
Samples: Terms of Use Agreement