Common use of Your Materials Clause in Contracts

Your Materials. 7.1. The Sim may allow you to upload, post, and/or distribute content including without limitation for the purpose of personalizing or customizing portions or elements of the Sim, including without limitation the ability to “paint” autos, subject to the following conditions: (a) You understand that all user-submitted text (including without limitation user biographies and profiles), data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are found on the Sim are the sole responsibility of the person from whom the Materials originated. This means you, and not xXxxxxx.xxx, are entirely responsible for the Materials you submit. Further, you understand that by using the Sim you may be exposed to Materials that are offensive, objectionable or indecent. (b) You agree that all Materials you submit to the Sim will be the property of xXxxxxx.xxx, and for valuable consideration, you hereby irrevocably and unconditionally grant and assign all worldwide rights, title and interest in and to such Materials, including without limitation all intellectual property and other rights therein and thereto, to the Promoters (as defined herein) free of charge, and you acknowledge and agree that the Promoters may use, sell, display, disclose, revise, delete, and otherwise exploit such Materials in any manner and for any purpose whatsoever, without compensation to you. (c) You will not distribute through or otherwise publish or display through the Sim (including without limitation on any cars) any Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; contain expressions of hatred, bigotry, racism or pornography, promote or otherwise refer to tobacco products, alcohol or illicit drugs; or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. (d) You represent that you have all rights in the Materials you submit to the Sim necessary to submit them and to grant and assign to the Promoters all right, title and interest in and to such Materials. You further represent that the Materials that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party. (e) Without limiting the foregoing, you represent that you will not include in the paint scheme of any car any trademarks, logos, graphics, or any other content or materials of any third party unless you have obtained express written permission from the owner of the same to do so. (f) You will not upload to, distribute through or otherwise publish through the Sim any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. (g) You agree to indemnify and hold harmless the Promoters from and against any and all claims, liabilities and expenses (including without limitation reasonable attorneys’ fees) incurred by the Promoters in connection with any claim that you have breached or violated this Agreement, including without limitation any of the provisions of Section 3.4, this Section 7, and Section 8.

Appears in 6 contracts

Samples: End User License Agreement, Terms of Use and End User License Agreement, Terms of Use and End User License Agreement

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Your Materials. 7.1. 7.1 The Sim Service may allow you to upload, post, and/or distribute content including without limitation for the purpose of personalizing or customizing portions or elements of the SimService, including without limitation the ability to “paint” autos, subject to the following conditions: (a1.a) You understand that all user-submitted text (including without limitation user biographies and profiles), data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are found on the Sim Service are the sole responsibility of the person from whom the Materials originated. This means you, and not xXxxxxx.xxxiRacing, are entirely responsible for the Materials you submit. Further, you understand that by using the Sim Service you may be exposed to Materials that are offensive, objectionable or indecent. (b1.b) You agree that all Materials you submit to the Sim Service will be the property of xXxxxxx.xxxiRacing, and for valuable consideration, you hereby irrevocably and unconditionally grant and assign all worldwide rights, title and interest in and to such Materials, including without limitation all intellectual property and other rights therein and thereto, to the Promoters (as defined herein) free of charge, and you acknowledge and agree that the Promoters may use, sell, display, disclose, revise, delete, and otherwise exploit such Materials in any manner and for any purpose whatsoever, without compensation to you. (c1.c) You will not distribute through or otherwise publish or display through the Sim Service (including without limitation on any cars) any Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; contain expressions of hatred, bigotry, racism or pornography, promote or otherwise refer to tobacco products, alcohol or illicit drugs; or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. (d1.d) You represent that you have all rights in the Materials you submit to the Sim Service necessary to submit them and to grant and assign to the Promoters all right, title and interest in and to such Materials. You further represent that the Materials that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party. (e1.e) Without limiting the foregoing, you represent that you will not include in your Materials, including without limitation in the paint scheme of any car car, in the name of any league, on any website, or in any broadcast, any trademarks, logos, graphics, or any other content or materials of any third party unless you have obtained express written permission from the owner of the same to do so. (f1.f) You will not upload to, distribute through or otherwise publish through the Sim Service any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. (g1.g) You agree to indemnify and hold harmless the Promoters from and against any and all claims, liabilities and expenses (including without limitation reasonable attorneys’ fees) incurred by the Promoters in connection with any claim that you have breached or violated this Agreement, including without limitation any of the provisions of Section 3.4, this Section 7, and Section 8.

Appears in 3 contracts

Samples: Terms of Use and End User License Agreement, Terms of Use and End User License Agreement, Terms of Use and End User License Agreement

Your Materials. 7.1. 7.1 The Sim Service may allow you to upload, post, and/or distribute content including without limitation for the purpose of personalizing or customizing portions or elements of the SimService, including without limitation the ability to “paint” autos, subject to the following conditions: (a) You understand that all user-submitted text (including without limitation user biographies and profiles), data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are found on the Sim Service are the sole responsibility of the person from whom the Materials originated. This means you, and not xXxxxxx.xxxiRacing, are entirely responsible for the Materials you submit. Further, you understand that by using the Sim Service you may be exposed to Materials that are offensive, objectionable or indecent. (b) You agree that all Materials you submit to the Sim Service will be the property of xXxxxxx.xxxiRacing, and for valuable consideration, you hereby irrevocably and unconditionally grant and assign all worldwide rights, title and interest in and to such Materials, including without limitation all intellectual property and other rights therein and thereto, to the Promoters (as defined herein) free of charge, and you acknowledge and agree that the Promoters may use, sell, display, disclose, revise, delete, and otherwise exploit such Materials in any manner and for any purpose whatsoever, without compensation to you. (c) You will not distribute through or otherwise publish or display through the Sim Service (including without limitation on any cars) any Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; contain expressions of hatred, bigotry, racism or pornography, promote or otherwise refer to tobacco products, alcohol or illicit drugs, or firearms; or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. (d) You represent that you have all rights in the Materials you submit to the Sim Service necessary to submit them and to grant and assign to the Promoters all right, title and interest in and to such Materials. You further represent that the Materials that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party. (e) Without limiting the foregoing, you represent that you will not include in your Materials, including without limitation in the paint scheme of any car car, in the name of any league, on any website, or in any broadcast, any trademarks, logos, graphics, or any other content or materials of any third party unless you have obtained express written permission from the owner of the same to do so. (f) You will not upload to, distribute through or otherwise publish through the Sim Service any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. (g) You agree to indemnify and hold harmless the Promoters from and against any and all claims, liabilities and expenses (including without limitation reasonable attorneys’ fees) incurred by the Promoters in connection with any claim that you have breached or violated this Agreement, including without limitation any of the provisions of Section 3.4, this Section 7, and Section 8.

Appears in 2 contracts

Samples: Terms of Use and End User License Agreement, Terms of Use and End User License Agreement

Your Materials. 7.1. The Sim may allow you to upload, post, and/or distribute content including without limitation for the purpose of personalizing or customizing portions or elements of the Sim, including without limitation the ability to “paint” autos, subject to the following conditions: (a1.a) You understand that all user-submitted text (including without limitation user biographies and profiles), data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are found on the Sim are the sole responsibility of the person from whom the Materials originated. This means you, and not xXxxxxx.xxxiRacing, are entirely responsible for the Materials you submit. Further, you understand that by using the Sim you may be exposed to Materials that are offensive, objectionable or indecent. (b1.b) You agree that all Materials you submit to the Sim will be the property of xXxxxxx.xxxiRacing, and for valuable consideration, you hereby irrevocably and unconditionally grant and assign all worldwide rights, title and interest in and to such Materials, including without limitation all intellectual property and other rights therein and thereto, to the Promoters (as defined herein) free of charge, and you acknowledge and agree that the Promoters may use, sell, display, disclose, revise, delete, and otherwise exploit such Materials in any manner and for any purpose whatsoever, without compensation to you. (c1.c) You will not distribute through or otherwise publish or display through the Sim (including without limitation on any cars) any Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; contain expressions of hatred, bigotry, racism or pornography, promote or otherwise refer to tobacco products, alcohol or illicit drugs; or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. (d1.d) You represent that you have all rights in the Materials you submit to the Sim necessary to submit them and to grant and assign to the Promoters all right, title and interest in and to such Materials. You further represent that the Materials that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party. (e1.e) Without limiting the foregoing, you represent that you will not include in your Materials, including without limitation in the paint scheme of any car car, in the name of any league, on any website, or in any broadcast, any trademarks, logos, graphics, or any other content or materials of any third party unless you have obtained express written permission from the owner of the same to do so. (f1.f) You will not upload to, distribute through or otherwise publish through the Sim any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. (g1.g) You agree to indemnify and hold harmless the Promoters from and against any and all claims, liabilities and expenses (including without limitation reasonable attorneys’ fees) incurred by the Promoters in connection with any claim that you have breached or violated this Agreement, including without limitation any of the provisions of Section 3.4, this Section 7, and Section 8.

Appears in 1 contract

Samples: Terms of Use and End User License Agreement

Your Materials. 7.1. 7.1 The Sim Service may allow you to upload, post, and/or distribute content including without limitation for the purpose of personalizing or customizing portions or elements of the SimService, including without limitation the ability to “paint” autos, subject to the following conditions: (a1.a) You understand that all user-submitted text (including without limitation user biographies and profiles), data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are found on the Sim Service are the sole responsibility of the person from whom the Materials originated. This means you, and not xXxxxxx.xxxiRacing, are entirely responsible for the Materials you submit. Further, you understand that by using the Sim Service you may be exposed to Materials that are offensive, objectionable or indecent. (b1.b) You agree that all Materials you submit to the Sim Service will be the property of xXxxxxx.xxxiRacing, and for valuable consideration, you hereby irrevocably and unconditionally grant and assign all worldwide rights, title and interest in and to such Materials, including without limitation all intellectual property and other rights therein and thereto, to the Promoters (as defined herein) free of charge, and you acknowledge and agree that the Promoters may use, sell, display, disclose, revise, delete, and otherwise exploit such Materials in any manner and for any purpose whatsoever, without compensation to you. (c1.c) You will not distribute through or otherwise publish or display through the Sim Service (including without limitation on any cars) any Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; contain expressions of hatred, bigotry, racism or pornography, promote or otherwise refer to tobacco products, alcohol or illicit drugs, or firearms; or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. (d1.d) You represent that you have all rights in the Materials you submit to the Sim Service necessary to submit them and to grant and assign to the Promoters all right, title and interest in and to such Materials. You further represent that the Materials that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party. (e1.e) Without limiting the foregoing, you represent that you will not include in your Materials, including without limitation in the paint scheme of any car car, in the name of any league, on any website, or in any broadcast, any trademarks, logos, graphics, or any other content or materials of any third party unless you have obtained express written permission from the owner of the same to do so. (f1.f) You will not upload to, distribute through or otherwise publish through the Sim Service any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. (g1.g) You agree to indemnify and hold harmless the Promoters from and against any and all claims, liabilities and expenses (including without limitation reasonable attorneys’ fees) incurred by the Promoters in connection with any claim that you have breached or violated this Agreement, including without limitation any of the provisions of Section 3.4, this Section 7, and Section 8.

Appears in 1 contract

Samples: Terms of Use and End User License Agreement

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Your Materials. 7.1. The Sim Service may allow you to upload, post, and/or distribute content including without limitation for the purpose of personalizing or customizing portions or elements of the SimService, including without limitation the ability to “paint” autos, subject to the following conditions: (a1.a) You understand that all user-submitted text (including without limitation user biographies and profiles), data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are found on the Sim Service are the sole responsibility of the person from whom the Materials originated. This means you, and not xXxxxxx.xxxiRacing, are entirely responsible for the Materials you submit. Further, you understand that by using the Sim Service you may be exposed to Materials that are offensive, objectionable or indecent. (b1.b) You agree that all Materials you submit to the Sim Service will be the property of xXxxxxx.xxxiRacing, and for valuable consideration, you hereby irrevocably and unconditionally grant and assign all worldwide rights, title and interest in and to such Materials, including without limitation all intellectual property and other rights therein and thereto, to the Promoters (as defined herein) free of charge, and you acknowledge and agree that the Promoters may use, sell, display, disclose, revise, delete, and otherwise exploit such Materials in any manner and for any purpose whatsoever, without compensation to you. (c1.c) You will not distribute through or otherwise publish or display through the Sim Service (including without limitation on any cars) any Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; contain expressions of hatred, bigotry, racism or pornography, promote or otherwise refer to tobacco products, alcohol or illicit drugs; or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. (d1.d) You represent that you have all rights in the Materials you submit to the Sim Service necessary to submit them and to grant and assign to the Promoters all right, title and interest in and to such Materials. You further represent that the Materials that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party. (e1.e) Without limiting the foregoing, you represent that you will not include in your Materials, including without limitation in the paint scheme of any car car, in the name of any league, on any website, or in any broadcast, any trademarks, logos, graphics, or any other content or materials of any third party unless you have obtained express written permission from the owner of the same to do so. (f1.f) You will not upload to, distribute through or otherwise publish through the Sim Service any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. (g1.g) You agree to indemnify and hold harmless the Promoters from and against any and all claims, liabilities and expenses (including without limitation reasonable attorneys’ fees) incurred by the Promoters in connection with any claim that you have breached or violated this Agreement, including without limitation any of the provisions of Section 3.4, this Section 7, and Section 8.

Appears in 1 contract

Samples: Terms of Use and End User License Agreement

Your Materials. 7.1. The Sim may allow you to upload, post, and/or distribute content including without limitation for the purpose of personalizing or customizing portions or elements of the Sim, including without limitation the ability to “paint” autos, subject to the following conditions: (a) You understand that all user-submitted text (including without limitation user biographies and profiles), data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are found on the Sim are the sole responsibility of the person from whom the Materials originated. This means you, and not xXxxxxx.xxx, are entirely responsible for the Materials you submit. Further, you understand that by using the Sim you may be exposed to Materials that are offensive, objectionable or indecent. (b) You agree that all Materials you submit to the Sim will be the property of xXxxxxx.xxx, and for valuable consideration, you hereby irrevocably and unconditionally grant and assign all worldwide rights, title and interest in and to such Materials, including without limitation all intellectual property and other rights therein and thereto, to the Promoters (as defined herein) free of charge, and you acknowledge and agree that the Promoters may use, sell, display, disclose, revise, delete, and otherwise exploit such Materials in any manner and for any purpose whatsoever, without compensation to you. (c) You will not distribute through or otherwise publish or display through the Sim (including without limitation on any cars) any Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; contain expressions of hatred, bigotry, racism or pornography, promote or otherwise refer to tobacco products, alcohol or illicit drugs; or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law. (d) You represent that you have all rights in the Materials you submit to the Sim necessary to submit them and to grant and assign to the Promoters all right, title and interest in and to such Materials. You further represent that the Materials that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party. (e) Without limiting the foregoing, you represent that you will not include in your Materials, including without limitation in the paint scheme of any car car, in the name of any league, on any website, or in any broadcast, any trademarks, logos, graphics, or any other content or materials of any third party unless you have obtained express written permission from the owner of the same to do so. (f) You will not upload to, distribute through or otherwise publish through the Sim any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. (g) You agree to indemnify and hold harmless the Promoters from and against any and all claims, liabilities and expenses (including without limitation reasonable attorneys’ fees) incurred by the Promoters in connection with any claim that you have breached or violated this Agreement, including without limitation any of the provisions of Section 3.4, this Section 7, and Section 8.

Appears in 1 contract

Samples: Terms of Use and End User License Agreement

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