Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Website, by email or in any other way. Your agree that any ideas, suggestions, documents, proposals, creative works, concepts, blog posts and/or other materials submitted or sent to us (including, for example and without limitation, through our suggestion, feedback, wiki, forum, survey, blog or similar pages, or via email) (“Submitted Materials”) is at your own risk, will be deemed not to be confidential or secret and may be used by us in any manner consistent with our Privacy Policy. You agree that Company has no obligations (including without limitation obligations of confidentiality) with respect to Submitted Materials. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that you have all rights necessary to submit the Submitted Materials, that no other party has any rights thereto and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Submitted Materials, and to sublicense the foregoing rights, in connection with the operation and maintenance of Company Properties and/or Company’s business, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
Appears in 1 contract
Sources: Terms of Use
Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the WebsiteWeb Site, by email e-mail or in any other way. Your agree that any Any information, creative works (including, without limitation, text, photographs, graphics, audio, visual and audiovisual content), demos, ideas, suggestions, documents, proposals, creative works, concepts, blog posts and/or methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, through that which you submit or post to online chats, forums, reviews and ratings and/or our suggestion, feedback, wiki, forum, survey, blog or similar pagesblogs, or send to us via emaile-mail) (“"Submitted Materials”") is at your own risk, will be deemed not to be confidential or secret secret, and may be used by us in any manner consistent with our the Privacy Policy. You agree that Company has no obligations (including without limitation obligations of confidentiality) with respect Prior to submitting any Submitted Materials, you must register with this Web Site and provide your User Information. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submitted Materials are original to you, that you have all rights necessary to submit the Submitted Materials, that no other party has any rights thereto thereto, and that any “"moral rights” " in Submitted Materials have been waived, and (iiiii) you grant us and our affiliates affiliates, and our respective licensors, licensees, distributors, vendors, partners, agents, representatives, and other authorized users (collectively, "Representatives") a fully paid, royalty-free, unrestricted, worldwide, perpetual, irrevocable, worldwide, non-exclusive, exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, perform, display, distributemodify, adapt, modifyprint, re-formatpublish, translate, create derivative works offrom, distribute, perform and otherwise commercially display such material (in whole or non-commercially exploit part) and/or to incorporate it in other works in any mannerform, any and all Submitted Materialsmedia, and to sublicense the foregoing rights, in connection with the operation and maintenance of Company Properties and/or Company’s businessor technology now known or later developed, including for promotional and/or commercial purposespurpose, and to authorize others to do so. We cannot be responsible for maintaining any Submitted Material Materials that you provide to us, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such Submitted Material Materials at any time. To the extent that any Submitted Materials submitted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submitted Materials are available for licensing to us and our affiliates (and our Representatives) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us and our affiliates (and our Representatives) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submitted Materials. To the extent that we solicit Submitted Materials through features or activities on the Web Site (including, without limitation, games, sweepstakes, contests, promotions and public forums) that require the use of our and/or our licensor’s copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us or our licensor, as applicable. If such rights are not assigned to us and/or our licensor, as applicable, your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submitted Materials are used by us. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. If you submit a photograph, graphic image or video, you also agree to, represent and warrant the following: (i) you have the rights necessary to authorize us and our affiliates (and our Representatives) to use such photograph or video as permitted by these Terms and Conditions; (ii) you authorize us and our affiliates (and our Representatives) to use such photograph or video as permitted by these Terms and Conditions; (iii) you have obtained the necessary permissions, if any, for us and our affiliates (and our Representatives) to use such photograph or video in accordance with the Terms and Conditions; and (iv) such photograph or video has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it. The hope-forum.commay, from time to time, make messaging services, chat services, bulletin boards, message boards, photo galleries, videos, blogs, user review and ratings forums, other forums and other such services and features available on or through the Web Site to which you may have the opportunity to provide or submit Submitted Materials. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms and Conditions, you represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which are, do, or could reasonably be construed to be or do any of the following: * restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services; * are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threaten or invite violence, or that are derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability; * constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law; * violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights f privacy or publicity or any other proprietary right; * contain a virus, spyware, or other harmful component; * contain embedded links, advertising, chain letters or pyramid schemes of any kind; * constitute or contain false or misleading indications of origin, endorsement or statements of fact; or * contain sensitive, proprietary or confidential information about yourself or others. Except as may be expressly permitted in connection with one of the Web Site’s services, you also may not offer to buy or sell any product or service on or through your Submitted Materials. The hope-forum.comwill not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities, and you submit Submitted Materials at your own risk.
Appears in 1 contract
Sources: Visitor Agreement