User Content. Certain features or areas of the Service may allow you to upload certain information or content to the Service, including your resume, videos, comments, feedback, and other information, data or materials (collectively, “User Content”). You acknowledge that you are responsible for the User Content you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Content that you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content to IAA on or through the Service, you hereby grant to IAA a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you represent and warrant that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure of any User Content. You agree not to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Service.
Appears in 1 contract
Sources: Terms of Use
User Content. Certain features or areas of the Service may allow you to upload certain information or content to the Service, including your resume, videos, comments, feedback, and other information, data or materials (collectively, “User Content”). 12.1 You acknowledge agree that you are will be solely responsible for the User Content you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Content that you provide via the Servicecreate or upload using Our Web App. Nonetheless, except as otherwise expressly provided by IAASpecifically, you agree that by submitting any User Content to IAA on or through the Serviceagree, you hereby grant to IAA a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you represent and warrant that you have the right to create and upload the User Content (as the sole owner) and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 14.
12.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 12.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
12.3 You hereby agree to transfer your ownership of your User Content and all intellectual property rights subsisting therein to us (which will hereby immediately transfer and if they do not so legally transfer for any reason, you will at your cost without delay execute all documents required to do so at our request and hereby appoint us as your attorney to do so if you cannot be contacted or do not do as requested).
12.4 By creating or uploading User Content, you grant to Us an unconditional, fully transferable, royalty-free, perpetual, worldwide right to assign, lend, use, store, archive, syndicate, publish, transmit, process, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and licence your User Content for any purpose whatsoever. By creating or uploading User Content, you also hereby waive all moral rights or other non-assignable rights in uploaded relating to User Content been waived for and agree that we may charge persons to access the benefit same as part of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, salepremium Account, or disclosure of any to supply User Content only on the basis that people are subject to advertisements.
12.5 If you wish to remove User Content that you have created and uploaded to Our Web App, you may do so by deleting the relevant User Content, or in certain circumstances you may need to request that We do this on your behalf. You agree acknowledge, however, that caching or references to your User Content may not to upload on be made immediately unavailable (or transmit to may not be made unavailable at all where this is outside of Our reasonable control).
12.6 We may reject, reclassify, or via the Service remove any User Content which: (i) infringes created or otherwise uploaded using Our Web App where that User Content, in Our sole opinion, violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; (ii) is defamatory, libelous, harassing, expresses hateOur Acceptable Usage Policy, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of if We receive a minor; (iv) contains or embodies complaint from a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via party and determine that the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Servicein question should be removed as a result.
Appears in 1 contract
Sources: User Agreement
User Content. Certain features The Website may include certain capabilities that allow users to create, post, share, or areas of the Service may allow you to upload certain information or store content to the Service, including your resume, videos, comments, feedback, and other information, data or materials (collectively, “User Content”). User Content examples would include reviews, photos, videos, text, and graphics. You acknowledge that you are solely responsible for the any User Content you submit through share. User Content may not be private and others may see it. You may not share any User Content that: • is illegal, defamatory, obscene, pornographic, indecent, harassing, threatening, fraudulent, or involves someone else’s privacy or publicity rights; • encourages or instructs others to engage in illegal conduct or to violate the Servicerights of others of any kind; • otherwise violates the rights of anyone else; • misconstrues your good faith beliefs, experiences, or who you are; • is any sort of promotion, political material, advertising, or solicitation; • contains any virus or other disabling or harmful files or content; • contains, without their consent, anyone else’s personal or confidential information; or • may, in Mom’s Meals sole discretion, harm anyone in any way. Mom’s Meals may remove, edit, or screen any User Content at any time, without notice and that youin its sole discretion. Mom’s Meals, and however, has no obligation to do so. If you do not IAA, willbear full responsibility for each item want to lose any of your User Content, including its legalityyou must create your own copies and backups, reliability, appropriateness, originality which are at your sole cost and copyrightexpense. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such Mom’s Meals is not responsible for and does not claim any ownership interest in your User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secretContent. You retain all rightsdo, title however, grant Mom’s Meals (and interest in its licensees, successors, and to any and all User Content that you provide via the Service. Nonethelessassigns) a non- exclusive, except as otherwise expressly provided by IAAroyalty-free, you agree that by submitting any User Content to IAA on or through the Service, you hereby grant to IAA a non-exclusiveworldwide, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free and sublicensable right and license to use, reproduce, copy, modify, adapt, publish, translate, create creative derivative works based onfrom, distribute, perform, and publicly display and/or otherwise use your User Content, either in whole or in part for any purpose of any kind whether for commercial purposes, promotional purposes, advertising purposes, publicity, non- commercial purposes, or otherwise. To the full extent allowed by applicable law, such ▇▇▇▇▇ includes your name, image, likeness, voice, persona, signature, testimony, or similar items to the extent they are included in the User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you is otherwise provided to Mom’s Meals. You represent and warrant that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure of any User Content. You agree not to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy you provide does not violate anyone else’s rights of any individual; (ii) is defamatorykind, libelousyou have full authority and right to provide the User Content, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA and the User Content does not necessarily endorse, support, sanction, encourage, verify, or agree with violate these Terms in any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Serviceway.
Appears in 1 contract
Sources: Terms and Conditions
User Content. Certain features or areas of (a) When you post any Feedback on the Service may allow Website, you to upload certain information or content to represent and warrant that you have the Serviceright, including your resume, videos, comments, feedbackpower, and other information, data or materials (collectively, “User Content”)authority to post the same and grant the licenses specified below in this Clause 13. You acknowledge further represent and warrant that by posting or providing such Feedback, you will not violate third party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your Feedback may be copyrightable, you represent, warrant, and covenant that you are responsible for the User Content you submit through owner of all the Service, copyright rights to such content and that you, and not IAA, willbear full responsibility we may exercise the rights to your content granted under this Agreement without any liability or obligation for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. any payment.
(b) You retain all rightsownership rights in the Feedback you post on the Website. By providing any information of Feedback to us via email or by posting the same on the Website, title to the extent permitted by applicable law, you grant us unconditionally and interest in perpetuity, and to any represent and all User Content warrant that you provide via have the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content right to IAA on or through the Service, you hereby grant to IAA a non-exclusiveus, an irrevocable, perpetual, irrevocabletransferable, worldwidenon- exclusive, unrestricted, sublicenseable, fully-paid/royalty-free right and free, worldwide license to use, reproduce, copy, modify, adapt, publish, translatepublicly perform, create publicly display, distribute and make derivative works based onof all such information and Feedback, distributeor incorporate into other works, performsuch information and Feedback, display and/or otherwise use any such User Content in our sole discretionwhole or in part, including incorporating any such User Content in other works and in any form, media, or technology technology, whether now known or hereafter developed, and to grant and authorize sub-licenses of the foregoing anywhere in the world.
(c) To the extent permitted by applicable law, the license granted by you represent in this Agreement shall include the irrevocable and warrant that perpetual license to store all moral rights your Feedback for archival copies or other to use the same internally for research and evaluation purposes. (iii) we are free to use the same without any additional compensation to you and to disclose the same on a non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successorsconfidential basis or otherwise to anyone.
(e) You shall not publish, assigns and licensees. YOU HEREBY RELEASE IAA from upload, modify, display, publish, transmit, update, share or otherwise make available any liability under any legal theory in connectionwith the use, modification, sale, content or disclosure of any User Content. You agree not to upload on or transmit to or via the Service any User Content which: Feedback that:
(i) infringes promotes racism, bigotry, hatred or otherwise violates any copyright, patent, trademark, trade secret, trade name physical harm or other proprietary right or the privacy rights injury of any kind against any religion, group, community or individual; , whether affiliated with the Website or not;
(ii) advocates harassment or intimidation of another person;
(iii) relates to or promotes or encourages money laundering or any other illegal or immoral activity;
(iv) requests money from, or is intended to otherwise defraud, Consultant or other Website users;
(v) involves the transmission of “junk mail”, “chain letters,” or “spamming” or similar activities;
(vi) is offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, harassingthreatening, expresses hateabusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or is unlawfully threatening; otherwise objectionable or inappropriate;
(iiivii) belongs to another person and to which you are already aware that the same does not belong to you or that you do not have any right to the same;
(viii) is pornographican illegal or unauthorized copy of another person’s copyrighted work;
(ix) contains video, audio, photographs or images of a person without his or her permission;
(x) provides material or any content that depicts people in a sexual, violent, obscene or exploitative of a minor; other illegal manner, or solicits personal information from anyone for any purpose not expressly permitted hereunder;
(ivxi) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
(xii) contains any advertising or embodies a viruscommercial messages not expressly permitted under these Terms;
(xiii) infringes upon or violates any third party's right to privacy, worm, Trojan horse or other contaminating or destructive featureincluding any intellectual property rights;
(xiv) hinders the Website functionality in any way; or or
(vxv) otherwise violates any applicable treatylaw for the time being in force. Whilst we reserve our right to delete or remove such content/ Feedback, law, rule we do not guarantee that the same will be removed or regulationdeleted. IAA Failure or delay by us to remove or delete the same does not necessarily endorse, support, sanction, encourage, verify, waive our right to remove or agree with any comments, opinions, delete the same in subsequent or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Servicesimilar cases.
Appears in 1 contract
Sources: Website User Agreement
User Content. Certain features As a student, parent, school administrator, teacher, or areas of tutor engaged by a parent:
a) You are responsible for all Content that you post, transmit, upload, e-mail, or otherwise make available on, through or in connection with the Service may allow you to upload certain information or content to the Service, including your resume, videos, comments, feedback, and other information, data or materials Site (collectively, “User Content”). We reserve the right to limit the storage capacity made available for User Content.
b) We do not control any Content other than Company Content, and as such you may be exposed to offensive, inaccurate, or otherwise objectionable Content by accessing or using the Site. We are not responsible or liable for any Content or the conduct of any Site user. If you become aware of any misuse of the Site, please report such misuse immediately to us at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. We reserve the right (but have no obligation) to monitor the Site, including for inappropriate Content or conduct, and to remove any Content at our discretion and without liability to you or any third party.
c) You acknowledge retain any ownership rights that you are responsible for the User Content you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of have in your User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Content that you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content to IAA on or through the Service, you hereby grant to IAA Company and its affiliates, licensees, and authorized users, a worldwide, non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseablefully paid- up, royalty-free right and free, sub-licensable (through multiple tiers), transferable (in whole or in part), perpetual license to reproduceuse, copyexcerpt, adapt, modify, adaptpublicly perform, publishpublicly display, translatereproduce, create derivative works and compilations based onupon, distribute, perform, display and/or otherwise use any and distribute such User Content on, through or in our sole discretionconnection with the Site and /or any other commercial or non-commercial endeavor of Company or any of its affiliates, including incorporating in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known and hereafter devised, for any and all purposes including promotional, marketing, trade, and commercial purposes. The exercise of such rights shall not require any further permission or notice, payment, or attribution to you or any third party.
d) You assure us that: you own the User Content made available by you, or have the right to grant the license set forth in this Section; and the posting of such User Content through or in other works in any formconnection with the Site does not violate the privacy rights, mediacopyrights, contract rights, publicity rights, or technology now known or hereafter developed, and you represent and warrant that all moral any other rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure of any User Contentperson or entity. You agree not to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyrightpay all royalties, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statementsfees, and do not necessarily represent theviews any other monies owing to any person or entity by reason of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate use of such User Content and other information provided by third parties on this ServiceContent.
Appears in 1 contract
Sources: Terms of Use Agreement
User Content. Certain features 5.1. User is responsible for all content uploaded or areas of created in PassBy[ME] by the Service may allow you User.
5.2. User agrees to use PassBy[ME] to upload certain information or content to the Service, including your resume, videos, comments, feedback, create messages and other information, data or materials (collectively, “User Content”)documents that are proper and appropriate. You acknowledge that you are responsible for the User Content you submit through the Service, and that youBy way of example, and not IAAas a limitation, willbear full responsibility for each item User agrees that when using PassBy[ME] User will not: - defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; - upload or create any content that is unlawful or promotes unlawful activities; - upload or create any content that is inappropriate, profane, defamatory, obscene, indecent; - upload or create any content that is spam, constitutes unauthorized or unsolicited advertising, chain letters, or any form of lottery or gambling; - upload or create any files that contain images, photographs, software or other material protected by intellectual property laws, unless User Contentowns or controls the rights thereto or have received all necessary consent to do the same; - upload or create files that contain viruses, Trojan horses, worms, cancelbots, corrupted files, or any other similar software or programs that may damage, disrupt or limit the operation of another's device or any other property; - impersonate any person or entity, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA any employees or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to representatives; - violate any and all User Content that you provide via authentication or security measures; - violate the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content to IAA on or through the Service, you hereby grant to IAA a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you represent and warrant that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure privacy of any third party; - violate any other applicable laws or regulations.
5.3. Microsec shall not monitor, review or by any means access the content of the files uploaded or created by the User, even if the User Contentexplicitly requested so. You agree not Nevertheless, Microsec reserves the right to upload on disclose, edit, refuse to post or transmit to or via the Service remove any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on should that be necessary to satisfy any applicable law, regulation, legal process or governmental request.
5.4. Microsec shall not be liable for any loss, deletion, removal or failure of delivery of the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit uploaded or regulate User Content and other information provided by third parties on this Servicecreated content.
Appears in 1 contract
Sources: End User License Agreement
User Content. Certain features or areas of the Service may allow you to upload certain information a. All information, material or content submitted by a User or Authorized User, whether publicly or privately posted, e-mailed, transmitted, uploaded or otherwise submitted to us via the Service, including your resume, videos, comments, feedback, and other information, data or materials Services (collectively, “User Submitted Content”)) is your sole responsibility. You acknowledge and agree that you are entirely responsible for the User Content you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Submitted Content that is post, e-mail, transmit, upload or otherwise submitted by you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content to IAA on or through the Service, you hereby grant to IAA a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content your Authorized Users in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you represent and warrant that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure of any User Content. You agree not to upload on or transmit to connection with or via the Services, including, without limitation, the accuracy of such Submitted Content. Under no circumstances will we be liable in any way for any loss, damage or injury related to, or arising as a result of, any Submitted Content, including, but not limited to, any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, e-mailed, transmitted, uploaded or otherwise submitted via the Services.
b. You agree and agree to cause your Authorized Users to not use any Service to post, e-mail, transmit, upload or otherwise submit any User Submitted Content whichthat: (i) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (ii) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name copyright or other proprietary right or the privacy rights of any individualparty including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work; (iii) you and your Authorized Users’ do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); or (iv) contains viruses, worms, corrupt files, trojan horses or other forms of corruptive code, or any other content which may compromise the Services.
c. You hereby grant us a perpetual, transferrable, world-wide, royalty-free license to use your or your Authorized Users’ Submitted Content in our promotional and marketing activities, in any manner determined by us in our sole discretion, provided that the use of your or your Authorized Users’ Submitted Content and any personal information contained therein complies with our Privacy Policy and applicable privacy legislation.
d. You acknowledge and agree that we may preserve Submitted Content and may also disclose Submitted Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threateningenforce the terms of this Agreement; (iii) is pornographic, obscene respond to claims that any Submitted Content violates the rights of third-parties; or exploitative of a minor; (iv) contains or embodies a virusprotect our rights, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verifyproperty, or agree with any comments, opinions, or statements personal safety and those of third parties as may be displayed on or transmitted via our users and/or the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Servicepublic.
Appears in 1 contract
Sources: Terms of Use
User Content. Certain features We may, at our sole discretion, permit Users to post, upload, publish, submit, or areas of the Service may allow you to upload certain information transmit text, graphics, photos, audio, video, or other content to the Service, including your resume, videos, comments, feedback, and other information, data or materials (collectively, “"User Content”"). By making available any User Content on or through the Site, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through multiple tiers), to view, use, copy, distribute, publicly display and perform, transmit, stream, broadcast, adapt, modify, create derivative works of, and otherwise exploit such User Content on, through, or by means of the Site. We will not pay you for any User Content and we do not claim any ownership rights in any such User Content. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit such User Content independent of the Site. You acknowledge and agree that you are solely responsible for the User Content you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Content that you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content to IAA on or make available through the ServiceSite. Accordingly, you hereby grant to IAA a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you represent and warrant that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure of any User Content. You agree not to upload on or transmit to or via the Service any User Content whichthat: (i) infringes you either are the sole and exclusive owner of all User Content that you make available through the Site or otherwise violates you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content, as contemplated under this Agreement; (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through, or by means of the Site will infringe, misappropriate, or violate any patent, copyright, patent, trademark, trade secret, trade name moral rights, or other proprietary right or the privacy intellectual property rights, or rights of any individual; (ii) is defamatory, libelous, harassing, expresses hatepublicity or privacy, or is unlawfully threateningresult in the violation of any applicable law or regulation; (iii) is pornographic, obscene or exploitative all User Content complies with the permitted use of a minorthe Site under this Agreement; and (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA the User Content does not necessarily endorseinclude any false or misleading information and was not submitted under false pretenses. We may, supportbut are not obligated to, sanction(a) record, encouragemonitor, verifymodify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statementsdisclose User Content; (b) investigate a complaint that User Content violates this Agreement, and do not necessarily represent theviews of IAA. IAA reserves determine in our sole discretion whether to remove the right in its solediscretion to filter, censor, edit or regulate User Content and or take other information provided by third parties on action; (c) remove User Content if we determine in our sole discretion that a violation of the Agreement has occurred or may occur in the future; and/or (d) terminate a User's access to the Site (or any portion thereof) if he or she has violated this ServiceAgreement.
Appears in 1 contract
Sources: User Agreement
User Content. Certain features or areas of the Service may allow you to upload certain information or content to the Service, including your resume, videos, comments, feedback, and other information, data or materials (collectively, “User Content”). 5.1 You acknowledge agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content that you create, upload, transmit and/or display while using Beacon (any and all such content User Content) and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
5.2 By submitting, posting or displaying User Content you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Content that you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting any User Content to IAA on or through the Service, you hereby grant to IAA give us a non-exclusive, perpetual, irrevocable, worldwide, unrestrictedroyalty-‐free, sublicenseable, royalty-free right and non-‐exclusive license to reproduce, copy, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such facilitate publication of User Content through Beacon.
5.3 You acknowledge and agree that, in performing the required technical steps to provide Beacon to other users, we may (a) transmit or distribute User Content over various public networks and in various media; and (b) make such changes to User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media.
5.4 You acknowledge and agree that we have the exclusive right to un-‐publish, take offline, delete, archive, prohibit, ban, or otherwise remove User Content that, in our sole opinion, does not relate or bears no relation, or, in any manner or form, is improper or inappropriate to Beacon (including any User Content which, in our sole discretion, places or may place you in breach of the warranties given by you at clause 5.5).
5.5 By uploading any User Content you represent and warrant that:
5.5.1 you have all the rights, power and authority necessary to grant the license at clause 5.2;
5.5.2 you have the lawful right to upload, reproduce and distribute such User Content;
5.5.3 the uploading, downloading, posting, emailing or transmission by any other means of the User Content will not constitute or encourage a criminal offence, violate the rights (including incorporating without limitation intellectual property rights) of any party or otherwise create liability or violate any local, state, national or international law; and
5.5.4 the User Content posted by you will not be unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including rights of celebrity, privacy and intellectual property. We reserve the right, but have no obligation, to remove any such User Content as described in other works this clause 5.5.
5.6 You shall indemnify us, without limitation and upon demand, against any cost, damages or expenses (including reasonable legal expenses) that may be incurred by us either (a) as a result of any breach by you of the warranties detailed in clause 5.5, and/or (b) in respect of any form, media, claim or technology now known or hereafter developed, and you represent and warrant action that all moral rights or other non-assignable rights in uploaded User Content been waived for the benefit of IAA and its successors, assigns and licensees. YOU HEREBY RELEASE IAA from any liability under any legal theory in connectionwith the use, modification, sale, or disclosure use of any User Content. You agree not to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy intellectual property rights of any individual; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene otherwise unlawful or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Serviceobjectionable.
Appears in 1 contract
Sources: User Terms
User Content. Certain features (A) We may now or areas of in the Service may allow you future permit users to upload certain information post, upload, transmit through, or content to otherwise make available on the ServiceWebsite (collectively, including your resume“submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, comments, feedback, and other information, data or content, and/or other materials (collectively, “User Content”). You acknowledge that Subject to the rights and license you are responsible for the User Content grant herein, you submit through the Service, and that you, and not IAA, willbear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by IAA or IAA’S Privacy Policy, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rightsright, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any and all other harm resulting from User Content that you provide via the Service. Nonetheless, except as otherwise expressly provided by IAA, you agree that by submitting submit.
(C) You will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to IAA on civil liability or through otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(vi) contains a formula, instruction, or advice that could cause harm or injury;
(vii) is a chain letter of any kind; or
(viii) is excessively repetitive or otherwise an attempt to circumvent character limits. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the ServiceWebsite will not be permitted.
(D) By submitting User Content to us, simultaneously with such posting you hereby grant automatically grant, or warrant that the owner has expressly granted, to IAA us a nonworldwide, royalty-exclusivefree, perpetual, irrevocable, worldwidenon-exclusive, unrestrictedfully sublicensable, sublicenseable, royalty-free and transferable right and license to use, reproduce, copy, modify, adapt, publish, translatedistribute, create derivative works based onupon (including, distributewithout limitation, translations), publicly display, publicly perform, display and/or otherwise use any such transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, including incorporating any such User Content deem appropriate including, without limitation, (1) in other works connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any formformat, media, media or technology now known or hereafter developedlater developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.
(E) By submitting User Content, you represent also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and warrant that all moral rights geographical location in connection with broadcast, print, online, or other nonuse or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-assignable called “moral rights” or rights of “droit moral” with respect to the User Content.
(F) We reserve the right to display advertisements in uploaded connection with your User Content been waived and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the benefit websites and advertising networks of IAA our distribution partners and its successorsthird-party service providers (including their downstream users).
(G) We have the right, assigns but not the obligation, to monitor User Content. We have the right in our sole discretion and licensees. YOU HEREBY RELEASE IAA from for any liability under any legal theory in connectionwith the usereason whatsoever to edit, modificationrefuse to post, saleremove, or disclosure of disable access to any User Content. You agree not to upload on or transmit to or via the Service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right or the privacy rights of any individual; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation. IAA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Service. Any information or materials placed on the Service by third parties arethe views and responsibility of those who post the statements, and do not necessarily represent theviews of IAA. IAA reserves the right in its solediscretion to filter, censor, edit or regulate User Content and other information provided by third parties on this Service.
Appears in 1 contract
Sources: User Agreement