DEFINITION.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
USER CONTENT.
Any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, in compliance with all applicable laws, rules and regulations, and does not and will not misappropriate, infringe, or otherwise violate the intellectual property rights of any third party. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
NOTICES AND RESTRICTIONS.
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Except for User Content submitted by you, as between you and us, we shall retain all right, title and interest in any Content. We reserve all rights in the Services (including all such Content) not expressly granted herein, and these Terms of Services and any use by you of the Services shall not be construed to grant to you any license, ownership or other rights in any such Content unless expressly stated herein. In the event you obtain any ownership right, title or interest in any portion of the Services, including any Content, except for User Content submitted by you, you hereby agree to irrevocably transfer, convey and assign to us all right, title and interest in and to portion of the Services, including, if applicable, any such Content.
USE LICENSE.
Subject to these Terms of Service, we grant each user of the Services a worldwide, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than your use of the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use, for any use in connection with developing a similar or otherwise competitive Services, or in any way that misappropriates, infringes, or otherwise violates any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
LICENSE GRANT.In the event you submit User Content through the Services, you hereby do and shall grant us and any user of the Services a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform publicly, and otherwise fully exploit the User Content in connection with the Services and, with respect to us, our and our affiliates’ (and our successors’ and assigns’) businesses, including without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and, in each case including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without misappropriation, infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
FEEDBACK.
If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable and transferable license to use such Feedback and related information in any manner. We will treat any Feedback you provide to us as non-confidential and non-proprietary to you. We will have no obligation under any circumstances to compensate you for any Feedback. You agree that you will not submit to us (as Feedback or otherwise as User Content) any information or ideas that you consider to be confidential or proprietary, or for which you expect to be compensated.
AVAILABILITY OF CONTENT.
We do not guarantee that any Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content (including any User Content) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you or other users may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.