User Generated Content. On, or in connection with, the Platform, Bayer may ask for or allow you to communicate, submit, upload or otherwise make available text, video, chat, images, or other content (“User Generated Content), which may be accessible and viewable by others on the Platform and by others in the public. You agree that you will not submit any User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. With regards to any User Generated Content, you agree to ▇▇▇▇▇ ▇▇▇▇▇ a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Appears in 2 contracts
Sources: Conditions of Use, Conditions of Use
User Generated Content. On12.1 As a user, or in connection with, the Platform, Bayer may ask for or allow you to communicate, submit, upload or otherwise make available text, video, chat, images, or other content (“User Generated Content), which may be accessible and viewable by others on the Platform and by others in the public. You agree that you will not submit allowed to Post any User Generated Content that is defamatoryand you agree, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. With regards to any User Generated Contentsubmitting your contribution, you agree to ▇▇▇▇▇ ▇▇▇▇▇ grant us and our Affiliate a nonperpetual, royalty-free, non- exclusive, sublicensable, irrevocable sub- licensable right and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment onedit, modify, transformadapt, adaptpublish, translate, create derivative derivate works based uponfrom, publicly distribute, perform, publicly communicateplay, make availableavailable to the public, and otherwise exploit such User Generated Contentexercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media, in whole or in part, in all media formats and channels now known or later developed, for the full terms of any rights that mag exist in any number your contribution.
12.2 You also hereby grant other user of the Property a non-exclusive license to access your User Generated Content through the access and/or use of the Property, and to use such User Generated Content only as permitted through the functionality of the Property.
12.3 You understand and agree that we may retain and store, but not display, distribute, or perform, server copies and without limit as of User Generated Content that has been removed or deleted. The above licenses granted to timeus, manner and frequency of use, without further notice to you, without attribution (by you in User Generated Content is irrevocable.
12.4 Further to the extent this foregoing paragraph, by submitting your User Generated Content to us, you warrant that:-
a) your User Generated Content is your own original work or have the necessary license, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable us to use of the User Generated Content in the manner required by us and that you have the right to make it available to us for all the purposes specified above;
b) your User Generated Content is not contrary to mandatory provisions of applicable law)defamatory, and without the requirement of permission from threatening, injurious, insulting character, offensive, abusive, offensive on moral, menacing, religious or payment to you or any other person or entity. You agree that submission of political grounds, impair your confidentiality obligations;
c) your User Generated Content does not establish infringe the Law;you shall be solely responsible d) for your own User Generated Content and the consequences of Posting or publishing them;
e) you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant us all of the license rights granted herein; and/or
f) waive any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated moral rights in a separate agreement). You represent and warrant that your User Generated Content conforms for the purposes of its submission to these Conditions and publication in the Property and the purposes specified above.
12.5 You understand that you own whether or have the necessary rights and permissions includingnot such User Generated Content is posted, without limitation, all copyrights, music rights and likeness rights (we do not guarantee any confidentiality with respect to any person) contained User Generated Content.
12.6 We do not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaims any and all liability in connection with User Generated Content. We do not permit activities which will infringe any Intellectual Property Rights including copyright and we will remove all infringing contents and User Generated Content upon notification that such Content or User Generated Content infringes on another’s Intellectual Property Rights. We further reserve the right to remove any Content without prior notice.
12.7 You understand and agree that we may review and delete any User Generated Content that you Posted at any time without notice, without liability and for any reason whatsoever, especially if you breach our Policy. We reserve the right to investigate and take appropriate legal action, in our sole discretion, against you for the User Generated ContentContent especially if it violates our Policy and report you to the Appropriate Authority.
12.8 Copyright Protection Policy. If you believe that your work has been copied and Posted in the Property, without the need for payment to your permission or in any other person wag that constitutes copyright infringement or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content if you have any form of complaint or grievances in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or relation to the User Generated Content against Bayer or Bayer’s licenseesPosted, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersplease contact our Customer Service Support.
Appears in 2 contracts
Sources: Terms of Use, Terms of Use
User Generated Content. On10.1 As a user to this website, or in connection with, the Platform, Bayer may ask for or allow you to communicate, submit, upload or otherwise make available text, video, chat, images, or other content (“User Generated Content), which You may be accessible and viewable by others on the Platform and by others in the public. You agree that you will not submit allowed to post any User Generated Content that is defamatory(“User Content”) and You agree, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. With regards to any User Generated Contentsubmitting your contribution, you agree to ▇▇▇▇▇ ▇▇▇▇▇ Group a perpetual, royalty-free, non-exclusive, sublicensable, irrevocable sublicensable right and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment onedit, modify, transformadapt, adaptpublish, translate, create derivative derivate works based uponfrom, publicly distribute, perform, publicly communicateplay, make availableavailable to the public, and otherwise exploit such User Generated Contentexercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media, in whole or in part, in all media formats and channels now known or later developed, for the full terms of any rights that may exist in any number your contribution.
10.2 You also hereby grant other user of TM Website a non-exclusive license to access your User Content through the access and/or use of TM Website, and to use such User Content only as permitted through the functionality of TM Website.
10.3 You understand and agree that TM may retain and store, but not display, distribute, or perform, server copies and without limit as of User Content that has been removed or deleted. The above licenses granted to timeTM, manner and frequency of use, without further notice to you, without attribution (by You in User Content is irrevocable.
10.4 Further to the extent this foregoing paragraph, by submitting your User Content to us, You warrant that:-
(a) your User Content is not contrary to mandatory provisions of applicable law)your own original work or have the necessary license, rights, consents, and without permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable TM to use of the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, in the manner required by us and that you have no expectation of compensation whatsoever the right to make it available to us for all the purposes specified above;
(except as may be specifically stated in a separate agreement). You represent and warrant that b) your User Generated Content conforms is not defamatory, threatening, injurious, insulting character, offensive, abusive, offensive on moral, menacing, religious or political grounds, impair your confidentiality obligations;
(c) your User Content does not infringe the law;
(d) You shall be solely responsible for your own User Content and the consequences of posting or publishing them;
(e) You will not submit material that is copyrighted, protected by trade secret or otherwise subject to these Conditions third party proprietary rights, including privacy and that publicity rights, unless you own are the owner of such rights or have permission from their rightful owner to post material and to grant us all of the necessary license rights granted herein; and/or
(f) waive any moral rights in your User Content for the purposes of its submission to and permissions includingpublication in TM Website and the purposes specified above.
10.5 You understand that whether or not such User Content is posted, without limitation, all copyrights, music rights and likeness rights (TM does not guarantee any confidentiality with respect to any person) contained in the User Generated Content. TM does not endorse any User Content or any opinion, without the need for payment to any other person recommendation, or entity, to use and exploitadvice expressed therein, and to authorize Bayer to use expressly disclaims any and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or liability in connection with BayerUser Content. We do not permit activities which will infringe any Intellectual Property Rights including copyright and we will remove all infringing contents and User Content upon notification that such Content or User Content infringes on another’s use and exploitation of your User Generated Content resulting from your breach of these ConditionsIntellectual Property Rights. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains We further reserve the right to monitor, screen, post, remove, modify, store and review User Generated remove any Content or communications sent through the Platform, User Content without prior notice.
10.6 You understand and agree that we may review and delete any User Content that you posted at any time without notice, without liability and for any reasonreason whatsoever, including especially if you breach the terms and conditions herein.
10.7 We reserve the right to ensure that investigate and take appropriate legal action, in our sole discretion, against You for the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account especially if it violates TM policy and access report you to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersAppropriate Authority.
Appears in 2 contracts
Sources: Website Use Agreement, Website Use & Access Agreement
User Generated Content. OnAs part of your use and enjoyment of the Site, or you may, from time to time, provide us with content in connection withthe form of comments, the Platformideas, Bayer may ask for or allow you to communicatesuggestions, submit, upload or otherwise make available text, video, chatinformation, images, messages, or other content material, regardless of its medium, through chat rooms, message boards, comment sections, blogs, social media pages or feeds, or to us directly through email, US postal service, or by telephone (“User Generated Content”), which may . You acknowledge and understand that none of the User Generated Content will be accessible kept confidential and viewable by others on there is no expectation of privacy for any of the Platform and by others in the publicUser Generated Content. You agree that you will not submit any User Generated Content shall be appropriate for the Site and complies with this Terms of Use. You represent and warrant that you have the full right to use the User Generated Content, that it is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or original to you and that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or it does not such material is protected by lawviolate the rights of others. With regards to any By submitting User Generated Content, you agree to ▇▇▇▇▇ ▇▇▇▇▇ grant Eventique, our partners, affiliates and assigns, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, sublicensablefully transferrable, irrevocable assignable right and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, copy, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based uponfrom, publicly modify, publish, translate, perform, publicly communicate, make available, and otherwise exploit such display the User Generated Content, in whole or in part, in all media formats and channels any form, media, or technology, now known or later developeddiscovered or developed in the future, in for any number lawful or commercial purpose, including marketing or solicitation of copies and business, with or without limit as to timeyour personal information, manner and frequency of useincluding your name, without further notice to youusername, without attribution (or other identifiable information, subject to the extent this terms of our Privacy Policy. Eventique is not contrary to mandatory provisions of applicable law)responsible for maintaining, and without the requirement of permission from saving or payment to you or otherwise backing up any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains .
a. Eventique reserves the right to monitor, screen, post, remove, modify, store review and review edit any User Generated Content or communications sent through information posted on or submitted the Platform, at Site or Eventique. In the event that any time and for any reason, including to ensure that the User Generated Content conforms or information submitted by you to these ConditionsEventique becomes subject to legal proceedings or inquiries, without prior notice We reserve the right to disclose any such information as necessary, pursuant to any applicable law, rule, regulation, order, or government request. We assume no liability or responsibility for the impact this may have on you, your business or any third parties.
b. Eventique may make chat rooms and services, bulletin boards, message boards, messaging services, comment sections, blogs or other forums available through the Site (a “Forum”). Bayer Each Forum may terminate your account and access have its own rules and/or regulations that you agree to adhere to when you post, upload, transmit, contribute or otherwise engage with through the Platform if your Site. Any comments, information or User Generated Content violates these Conditionsposted on a Forum may be recorded and stored in multiple places, including unlawful postings both on our Site and elsewhere on the Internet. You do not have control over who will read any such content now, or contentin the future. It is your obligation to be selective when posting information about yourself or others, without prior notice particularly information that is sensitive, embarrassing, proprietary or confidential. When engaging on or in a Forum, You agree that you will represent yourself in an honest way and shall not impersonate anyone else, or hold yourself out to you. Bayer is not responsible forrepresent anyone or any other entity, and does not endorse or guarantee, unless you have the opinions, views, advice or recommendations posted or sent by usersexpress authority to do so.
Appears in 1 contract
Sources: Terms and Conditions
User Generated Content. On6.1 The Product may include message boards, content sharing features, and other means by which you and other users may share content that users create (“UGC”). To the fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Activision a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or in connection withtechnology now known or later developed throughout the universe, and agree that Activision shall be entitled to unrestricted use of the PlatformUGC for any purpose whatsoever, Bayer commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert AGAINST ACTIVISION OR ANY OF ITS PARTNERS, AFFILIATES, SUBSIDIARIES, OR LICENSEES, ANY MORAL OR SIMILAR RIGHTS YOU MAY HAVE IN ANY OF YOUR UGC. IF YOU ARE VALIDLY USING THE PRODUCT FROM OUTSIDE THE UNITED STATES OR THE UNITED KINGDOM THEN ACTIVISION MAY BE REQUIRED TO REQUEST THAT YOU ENTER INTO A SEPARATE LICENSE AGREEMENT PERMITTING ACTIVISION TO USE THE UGC FOR CERTAIN PROMOTIONAL, ADMINISTRATIVE, OR OTHER PURPOSES.
6.2 TO THE EXTENT THE PRODUCT PERMITS OTHER USERS TO ACCESS AND USE YOUR UGC, YOU ALSO GRANT ALL OTHER USERS OF THE PRODUCT the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Product without further notice, attribution or compensation to you.
6.3 You represent and warrant that any UGC you provide (a) does not and will not violate any third party intellectual property rights and/or any other person's rights, including without limitation any so-called "moral rights"; and (b) when used as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may ask for or allow you to communicate, submit, not upload or otherwise make available post any UGC that infringes the copyright, trademark, or other intellectual property rights of a third party, nor may you upload any UGC that violates any third party's right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party. Each user is responsible for any UGC he or she places on or through the Product, including the transmission, posting, or other provision of text, files, links, software, photographs, video, chatsound, imagesmusic, or other content information or material. You may only upload your own UGC to the Product; do not upload anyone else’s UGC. AS SET FORTH IN SECTION 15 BELOW, YOU AGREE TO INDEMNIFY ACTIVISION FOR ANY LOSSES RELATED TO OR ARISING OUT OF UGC YOU SUBMIT.
6.4 Activision has no obligation to monitor, approve, verify, or prescreen any UGC that you or other users may contribute to or through the Product. Activision reserves the right (“User Generated Content)but has no obligation) to remove, which may be accessible and viewable block, edit, move, or disable UGC for any reason in Activision’s sole discretion. To the maximum extent permitted by others on the Platform and by others in the publicapplicable law, Activision does not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you will shall not submit hold Activision liable for any User Generated Content loss or damage arising from the contents of any UGC (yours or another user’s), including without limitation in respect of any defamation, harassment, or false endorsement claims.
6.5 YOU AGREE NOT TO DO ANY OF THE FOLLOWING ACTIONS WHILE USING THE PRODUCT:
A. Harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
B. Transmit any UGC that is defamatoryActivision considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, threatening, bigoted, hateful, violentdefamatory, vulgar, obscene, pornographichateful, or racially, sexually, ethnically or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm objectionable;
C. Impersonate any person or entity, whether including but not limited to Activision;
D. Disrupt normal Product functionality, or not such material is protected by law. With regards to otherwise act in a manner that negatively affects other participants and/or the overall Product experience;
E. Post or transmit any User Generated Contentunsolicited advertising, you agree to ▇▇▇▇▇ ▇▇▇▇▇ a non-exclusivepromotional materials, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other forms of solicitation;
F. Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing the Product;
G. Post multiple posts of the same content (i.e., “spam”); or
H. Invade the privacy or violate or infringe any right of any person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and intellectual property right.
6.6 Activision does not endorse endorse, or guaranteeguarantee the accuracy, the opinionsefficacy or veracity of, views, advice or recommendations posted or sent by usersany UGC.
Appears in 1 contract
User Generated Content. On(a) Users of the Services may be permitted to upload, post or in connection with, the Platform, Bayer may ask for or allow you to communicate, submit, upload transmit (such as via a stream) or otherwise make available text, video, chat, images, or other content through the Services (“User Generated Content”). User Content has not been verified or approved by us.
(b) Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), which may be accessible and viewable by others on or to make contact with other users of the Platform and by others in Services, you must comply with the publicstandards of this Agreement. You agree warrant that any such contribution does comply with the Agreement, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
(c) Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you will not consider to be confidential or proprietary. When you submit any User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. With regards to any User Generated Contentthrough the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to ▇▇▇▇▇ ▇▇▇▇▇ a submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
(d) You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, sublicensableroyalty-free, irrevocable fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
(e) You further grant us a royalty-free worldwide license under all copyrightsto use your user name, trademarksimage, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make availablevoice, and otherwise exploit likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
(f) For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable lawsound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the requirement obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of permission from User Content.
(g) Waiver of Rights to User Content. By posting User Content to or payment through the Services, you waive any rights to you prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other person rights of a similar nature in connection with your User Content, or entityany portion thereof. You To the extent any moral rights are not transferable or assignable, you hereby waive and agree that submission of User Generated Content does not establish never to assert any relationship of trust and confidence between you and Bayerall moral rights, and or to support, maintain or permit any action based on any moral rights that you may have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any personUser Content you Post to or through the Services.
(h) contained in We also have the User Generated Content, without the need for payment right to any other person or entity, disclose your identity to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral their intellectual property rights, ancillary rights or similar rights in of their right to privacy.
(i) We, or to the User Generated Content against Bayer or Bayer’s licenseesauthorized third parties, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains reserve the right to monitorcut, screencrop, postedit or refuse to publish, your content at our or their sole discretion. We have the right to remove, modifydisallow, store block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and review Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Generated Content (i) that we consider to violate these Terms, or communications sent through (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Platform, at any time and for any reason, including Services on your personal device(s) in the event that you want to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and you have permanent access to copies of such User Content. We do not guarantee the Platform if your accuracy, integrity, appropriateness or quality of any User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible forContent, and does not endorse under no circumstances will we be liable in any way for any User Content.
(j) We accept no liability in respect of any content submitted by users and published by us or guarantee, the opinions, views, advice or recommendations posted or sent by usersauthorised third parties.
Appears in 1 contract
Sources: End User License Agreement
User Generated Content. On, or in connection with, 10.1 The Application may provide you with the Platform, Bayer may ask for or allow you opportunity to communicatecreate, submit, upload display, transmit, perform, publish, or otherwise make available distribute content and materials to us or on the Application, including but not limited to text, writings, video, chataudio, imagesphotographs, graphics, comments, suggestions, or personal information or other content material (collectively, the “User Generated ContentContributions”), which may be accessible and .
10.2 The Contributions are viewable by others on other users of the Platform Application only upon your approval.
10.3 When you create or make available any Contributions, you thereby represent and by others in warrant that: • The creation, distribution, transmission, public display, or performance, and the public. You agree that you accessing, downloading, or copying of your Contributions do not and will not submit infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any User Generated Content that is defamatorythird party; • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms; • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms; • Your Contributions are not false, inaccurate, or misleading; • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, threateninglibelous, bigoted, hateful, violent, vulgar, obscene, pornographicslanderous, or otherwise objectionable (as determined by us); • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone; • Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another; • Your Contributions do not violate any applicable law, regulation, guideline or any other rule; • Your Contributions do not violate the privacy or publicity rights of any third party; • Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner; • Your Contributions do not violate any laws concerning child pornography, or otherwise intended to protect the health or well-being of minors; • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; • Your Contributions do not advertise or encourage the use of tobacco or alcohol; • Your Contributions do not contain links to other websites; • Your Contributions do not contain malware (e.g., viruses, worms, Trojan horses) or do not redirect to websites containing malware; and • Your Contributions do not otherwise violate, or link to material that ▇▇▇▇▇ violates, any provision of these Terms.
10.4 Any use of the Application in violation of the foregoing violates these Terms and may result in, among other things, removal of your Contributions and termination or can reasonably be expected suspension of your rights to harm any person or entity, whether or not such material is protected by law. With regards use the Application.
10.5 By posting your Contributions to any User Generated Contentpart of the Application, you agree automatically grant, and you represent and warrant that you have the right to ▇▇▇▇▇ ▇▇▇▇▇ a grant, to us an unrestricted, unlimited, perpetual, non-exclusive, sublicensabletransferable, irrevocable and royalty-free free, fully-paid, worldwide right and license under all copyrightsto host, trademarks, patents, trade secrets, privacy archive and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, store (in whole or in part) your Contributions, in all media formats use them for the improvement of our software engines, and channels share them with service providers if necessary for the provision of the Services.
10.6 This license will apply to any form, media, or technology now known or later hereafter developed, and includes our use of your name and any of the trademarks, service marks, trade names, logos, and personal images you provide.
10.7 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (area on the Application. You are solely responsible for your Contributions to the extent this is not contrary Application and you expressly agree to mandatory provisions of applicable law), exonerate us from any and without the requirement of permission all responsibility and to refrain from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that legal action against us regarding your User Generated Content conforms to these Conditions and that you own or Contributions.
10.8 We have the necessary rights right, in our sole and permissions includingabsolute discretion: (1) to edit, without limitationredact, all copyrights, music rights and likeness rights or otherwise change any Contributions; (with respect 2) to re-categorize any person) contained Contributions to place them in more appropriate locations on the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these ConditionsApplication; and you agree (3) to indemnify and hold Bayer harmless from pre-screen or delete any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, Contributions at any time and for any reason, including without notice. We have no obligation to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate monitor your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersContributions.
Appears in 1 contract
Sources: Terms and Conditions
User Generated Content. OnThe Company may now, or in connection withthe future, the Platformpermit registered Users to post, Bayer may ask for or allow you to communicateupload, submittransmit through, upload or otherwise make available on the Website (collectively, “Submit”) completed or attempted Scenario results and information generated related thereto, messages, contacts, text, videoillustrations, chatfiles, images, graphics, photos, comments, sounds, music, videos, information, content, financial information, legal information and/or other materials (“User-Generated Content”). User-Generated Content excludes “personally identifiable information.” Subject to the rights and license You grant herein, You retain all right, title and interest in your User-Generated Content. By Submitting User-Generated Content to the Company, You grant to the Company a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license of the maximum term permitted by law to copy, access, prepare derivative works of, remove, retain, process, analyze, display, upload, perform, distribute, store, modify and otherwise use without limitation the User-Generated Content in any manner as within the Company’s, including its successors’ in interest, sole discretion. The Company cannot guarantee any confidentiality with respect to User-Generated Content and the Company specifically reserves the express right to monitor User-Generated Content as it sees fit—even where such information has not been made public and is under a registered account. The Company reserves the right to utilize User-Generated Content for promotional or other content (“User purposes as reflected in our Privacy Policy. Otherwise, it is solely Your responsibility to monitor and protect any intellectual property rights that you may have in Your User-Generated Content), which may be accessible and viewable by others on the Platform and by others in the publicwe do not accept any responsibility for same. You agree that the Company has no such responsibility. You are responsible to comply with all terms and conditions Applicable to Your User-Generated Content. You shall not submit any User-Generated Content that is not Yours and is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other Third-Party right without the express permission of the owner of the respective right. YOU, AND NOT THE COMPANY OR ANY PLATFORM, ARE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM YOUR FAILURE, WHETHER INTENTIONAL OR NOT, TO OBTAIN SUCH PERMISSION OR FROM ANY OTHER HARM RESULTING FROM USER- GENERATED CONTENT THAT YOU SUBMIT. You represent, warrant, and covenant that you will not submit any User User-Generated Content that is defamatorythat:
i. Violates or infringes in any way upon the rights of others, harassingincluding, threateningbut not limited to, bigotedany copyright, hatefultrademark, violentpatent, vulgartrade secret, obscene, pornographicmoral right, or otherwise offensive other intellectual property, personal, contractual, proprietary or that ▇▇▇▇▇ or can reasonably be expected to harm other third party right of any person or entity;
ii. Encourages conduct that would constitute a criminal offense, whether give rise to civil liability or not such material is protected otherwise violate any law;
iii. Contains a formula, instruction, or advice that could cause harm or injury;
iv. The licensed use by law. With regards the Company hereunder would result in us having any obligation or liability to any party;
v. Is intentionally misleading or fraudulent; or
vi. Violates any of the exclusions to use set forth herein. Any conduct by a User that in our sole discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. THE COMPANY RESERVES THE RIGHT TO DELETE, DISABLE OR OTHERWISE ELIMINATE FROM THE WEBSITE ANY USER-GENERATED CONTENT THAT THE COMPANY DEEMS VIOLATIVE OF THIS AGREEMENTAND/OR ANY RULE OF LAW, REGULATION OR PROTOCOL, IN ITS SOLE DISCRETION. The Company has the right, but not the obligation, to monitor all User-Generated Content. The Company has no obligation to post, maintain or otherwise make use of User-Generated Content and does not guarantee distribution of User-Generated Content. The Company may discontinue operation of the Website and/or User-Generated Content, you or Your use of the Website and/or User-Generated Content, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User-Generated Content on the Website and the Company has no obligation to return your User- Generated Content or otherwise make it available to You.
8.1 DIGITAL COMMUNICATION. THE COMPANY IS NOT RESPONSIBLE FOR COMMUNICATION INITIATED BY USERS– REGARDLESS OF THE CAPACITY IN WHICH THEY COMMUNICATE–THROUGH THE WEBSITE AND/OR WEBSITE. The rights granted by You hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If You become aware that User-Generated Content You have submitted includes any material for which You lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, You agree to promptly provide us with detailed written notice thereof to Steps Insitu, LLC, ATTN: LEGAL, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ a nonAvenue, P.O. Box 1267, Mount Laurel, NJ 08054 and ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. The Company strives to keep User-exclusiveGenerated Content secure but cannot guarantee that it will be successful at doing so, sublicensablegiven the nature of the Internet. Accordingly, irrevocable and royalty-free worldwide license under all copyrightsYou acknowledge that You bear sole responsibility for adequate security, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make availableprotection, and otherwise exploit such User backup of User-Generated Content. The Company strongly encourages You, where available and Appropriate, to: (a) use encryption technology to protect User-Generated Content from unauthorized access; (b) routinely archive User-Generated Content; (c) keep Your password and access details secure; and (d) keep Your User-Generated Content or any software that you use or run with the Website and/or Websites current with the latest security patches or updates. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS OR USE, CORRUPTION, DELETION, DESTRUCTION, OR LOSS OF ANY ACCOUNT AND/OR USER-GENERATED CONTENT. In the event you elect, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as connection with the Website to time, manner and frequency of use, without further notice to you, without attribution (communicate to the extent this is not contrary Company suggestions for improvements to mandatory provisions of applicable law)the Website, and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person property of the Company, intellectual or entityotherwise (collectively, “Feedback”), the Company shall own all right, title, and interest in and to the same, even if You have designated the Feedback as confidential, and the Company shall be entitled to use and exploitthe Feedback without restriction. You hereby irrevocably assign all right, title, and to authorize Bayer to use interest in and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, Feedback to us and agree to procure provide us such assistance as we may require to document, perfect, and maintain our rights to the same agreement Feedback. In keeping with our efforts to waive and maintain Your privacy, the Company will not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User disclose User-Generated Content to any governmental agency, body and/or department unless lawfully sought by presentation to us of a valid Subpoena, warrant or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersother such document.
Appears in 1 contract
Sources: Terms of Service
User Generated Content. OnYou are permitted, or in connection withDogma’s sole discretion, the Platform, Bayer may ask for or allow you to communicate, submit, upload upload, publish or otherwise make available textto the Platform and its Users (collectively, videoa “Submission”), chattextual, imagesaudio, video or other content and information (“User Generated Content”), which may be accessible and viewable by others on the Platform and by others in the public. You agree represent and warrant that you neither Your Submission nor Dogma’s use of such User Generated Content will not submit infringe, misappropriate or violate a third party’s intellectual property rights, rights of privacy, rights of publicity or result in violation of any applicable law. Any User Generated Content provided remains the Your property. However, by providing User Generated Content via the Platform, You grant Dogma a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, to copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise use in any manner such User Generated Content in all formats and distribution channels now known or unknown without further notice to or consent from You and without the requirement of payment to You or any other person or entity. Dogma has zero tolerance for objectionable content and abusive users. The Submission of any User Generated Content that is defamatory, harassing, threatening, bigotedlibelous, hateful, violent, vulgar, obscene, pornographicunlawful, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or not such material abusive (as determined by Dogma in its sole discretion) violates these Terms of Use and is protected by law. With regards to any User Generated Content, you agree to ▇▇▇▇▇ ▇▇▇▇▇ a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entitystrictly prohibited. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayerto refrain from such Submissions, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent Dogma reserves the right to review, monitor and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your remove User Generated Content in all manners contemplated by these Conditions; and you agree its sole discretion at any time without notice to indemnify and hold Bayer harmless from any claims You. Dogma additionally reserves the right to prescreen, monitor, or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your edit User Generated Content resulting from your breach of for compliance with these Conditionsterms, despite no legal obligation to do so. You also agree Dogma further provides various mechanisms for Users to waive flag, report, and/or filter objectionable content and not users deemed to enforce any moral rightsbe abusive may be blocked and/or permanently banned. Put simply, ancillary rights or similar rights in or to the Dogma will remove such User Generated Content against Bayer that is conclusively determined to be in violation of these Terms of Use and/or eject Users who provide such offending content or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree are otherwise deemed to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersbe abusive.
Appears in 1 contract
Sources: End User License Agreement
User Generated Content. On6.1 By using the Service, or in connection with, the Platform, Bayer may ask you understand and agree that Vid is providing a content-sharing platform for or allow you to communicatecreate and post Content. The term " Content" refers to any information, submitdata, upload or otherwise make available textcommunication, video, chattext, imagesgraphics, or other content photos (“User Generated Contentincluding but not limited to "Archives" and "Moments"), which may be accessible and viewable by others sounds, music, audiovisual works, chat feed comments, gifting and/or other contributions appearing on the Platform and by others in Service that users of the public. You agree that you will not submit any User Generated Content that is defamatoryService may broadcast, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographicupload, or otherwise offensive submit (collectively, " Submit") to the Service, or view or access on the Service.This means that ▇▇▇▇▇ other users may search for, see, use, or can reasonably share any of your Content that you make publicly available through the Service, consistent with these Terms and our Privacy Policy. As such, you should have no expectation of confidentiality in videos or other material if you have selected to keep the videos you created public. This includes not only the content that you post and data provided with such content, such as when it was posted, but also the users you follow, your comments and hashtags, the videos that you like, and other public interactions on the Service. Your public information is widely and instantly disseminated. Furthermore, You are aware that Vid does not guarantee the security of any information You disclose via the Service and any submission of Content by You to the Service is made at Your own risk.
6.2 All right, title and interest in Content Submitted by You to the Service, to the extent it does not belong to third parties, will remain with You, subject to the licenses You make hereunder. Vid does not and will not claim any ownership over such Content. Notwithstanding the foregoing, You hereby waive any moral rights that You may have in Your Content in favor of Vid and anyone acting with the authorization of Vid.
6.3 Vid assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be expected solely liable for Content or User Content that You Submit to harm the Service, including without limitation for any person consequences of publishing the Content and User Content through the Service. Your potential liability applies, for example, to any Content or entityUser Content that You make public, whether even if you are not the creator of that Content.
6.4 You hereby affirm, represent and warrant that You will own or not such material is protected obtain all necessary licenses, rights, consents, and permissions to enable Vid to publish and otherwise utilize as authorized in the Terms, the Content You Submit to the Service.
6.5 All of the provisions in this Section 6 shall apply with equal force if You Submit Content that includes advertorials, native advertising, or sponsorship (" Sponsored Content"). Without limitation, all of Your representations, warranties, indemnification obligations, and other obligations under the Terms will apply equally to Sponsored Content as they would to any other Content You Submit. You are solely responsible for ensuring that Your Sponsored Content complies with all applicable federal, state and local laws, rules and regulations, including without limitation the Federal Trade Commission's Guides Concerning Endorsements and Testimonials (" FTC Guidelines"), including all required disclosures and disclaimers.
6.6 As with other Content, Vid assumes no liability for Sponsored Content Submitted by You or any other users of the Service, or for any product or service offered by or through Sponsored Content (" Sponsored Products and Services"). You shall be solely liable for Sponsored Content that You Submit to the Service and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Service.
6.7 In addition to all other termination provisions set forth in the Terms, Vid reserves the right to terminate immediately Your access to the Service if You fail to make disclosures in any Sponsored Content You Submit in accordance with the FTC Guidelines or as otherwise required by applicable law. With regards Further, in the event that Sponsored Content Submitted by You includes material or promotes products or services which, in Vid's sole opinion, might insult or offend users of the Service or which might tend to any User Generated Contentinjure the success of the Service or the good name of Vid, you agree or if Your Sponsored Content does not comply with the Acceptable Use Policy set forth in Section 6 below, or, as determined in Vid's sole opinion, conflicts with or does not align with Vid's business, community, ethical or other goals, then Vid shall have the right (a) to ▇▇▇▇▇ ▇▇▇▇▇ require that You cease submission of the Sponsored Content and/or (b) immediately terminate Your access to the Service.
6.8 By Submitting Content to the Service, You are granting Vid and its agents and designees a perpetual worldwide, non-exclusive, sublicensable, irrevocable and royalty-free worldwide free, sub-licenseable and transferable license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmitdistribute, printprepare derivative works of, publish, publicly display, exhibitand perform such Content in connection with the Service and with the businesses of Vid and those of its successors, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make availablelicensees, and otherwise exploit such User Generated Contentaffiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in whole or in part, in any and all media formats and through any and all media channels now known or later developed.
6.9 Without limitation, the foregoing license includes the right of Vid to grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use, view, reproduce, distribute, display, perform, edit, modify and comment upon such Content as permitted through the functionality of the Service, subject to the Terms. Such functionality currently includes the ability of users to capture segments from broadcasts of Content and to make such segments available on users' own Vid Account at the Service, and to use, reproduce, distribute, display, perform, edit, modify and comment upon such segments via any and all channels of social media. (Vid shall have the right but not the obligation to remove such segments from users' account pages at the Service.)
6.10 Nothing herein, however, shall be construed to permit use of such Content by users of the Service for endorsements of any product or service (other than the Service), or for any other commercial purpose, not authorized by You.
6.11 In connection with the exercise of each of the foregoing rights licensed by You, You consent to use of Your name, image, likeness, photograph, performance, voice, biographical details, Facebook ID, Twitter handle, Google+ ID, Instagram ID, profile pictures, and any other attributes of Your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the Site and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from You, except where prohibited by law.
6.12 By uploading Content consisting of audio media (the “Tracks”) you warrant and represent that:
(a) you have all rights necessary to grant all rights granted hereunder, including but not limited to the consent of all writers, performers, producers and artists, as well as any number of copies other performers and without limit as to timevocalists performing on the Tracks for the intended use hereunder;
(b) you shall not be responsible for any payment hereunder, manner and frequency of useincluding, without further notice limitation, to youany writer or artist, without attribution union, guild, performing rights organization, or any performer or vocalist whose performance is contained on a Track, in connection with any use of the Tracks as authorized hereunder;
(c) that each of the compositions and master recordings embodied in the Tracks is an original work;
(d) that all “samples,” if any, utilized in a master recording have been cleared for the uses licensed hereunder;
(e) that you own or have rights to one hundred percent (100%) of the copyright, including renewals, in and to the extent this is composition and master recordings throughout the world;
(f) the exercise by Licensee (and the users) of the rights granted hereunder does not contrary to mandatory provisions of applicable law), and without will not infringe or violate the requirement of permission from or payment to you copyright or any other person rights of a third party, including, without limitation, the right of any writer or entityartist, or any performer or vocalist whose performance is contained on a master recording, or any third-party publisher or record label, or the rights of privacy or publicity of any of the foregoing; and
(g) if you are affiliated with a performing rights organization (a “PRO”), Licensor has complied with all obligations in Licensor’s agreement with such PRO relating to the license granted herein (including any notification requirements, if applicable).
6.13 Any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements will result in removal of Your Content and may result in termination of your access to the Service.
6.14 By uploading or posting Content containing Tracks to the Vid Service, you agree to grant Vid a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Service, and to operators and users of any other websites, apps and/or platforms to which your User Content containing Tracks have been shared, linked to or embedded using the Service to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public your content utilizing the features of the Service. You can limit and restrict the availability of your content to other users of the platform by selecting not to make your sound public for each video you upload.
6.15 You agree that Vid may exercise the license granted by you without notice, payment or attribution to you. You understand that ▇▇▇ does not guarantee any confidentiality with respect to any User Content that you submit. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that submission you, not Vid, are responsible for all of your User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated make available on or in the Service, whether publicly posted or privately transmitted.
6.16 When you delete Content, it is deleted in a separate agreementmanner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others). .
6.17 You represent and warrant that Vid shall not at any time be responsible for the payment of any fees, advances, public performance fees or royalties.
6.18 The Vid Service and any related content or services offered within are proprietary to and the property of Vid or its licensors. All intellectual property rights in or associated with the Vid Service and any related content or services offered within are and will remain exclusively owned by Vid or its licensors. You agree to secure and protect the Vid Service and any related content or services offered within in a manner that will maintain and protect Vid’s rights. You shall do nothing inconsistent with ▇▇▇’s ownership rights. You agree to take all reasonable steps to protect the Vid Service and any related content or services offered within from loss or damage while in your User Generated Content conforms possession or under your control or use.
6.19 The content in and available through our Service is protected by copyright, trademark and other laws of the United Kingdom and foreign countries. Except as expressly provided in these terms, Vid and its licensors exclusively own all right, title, and interest in and to these Conditions the services and all Vid content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the services or content.
6.20 All trademarks, service marks, logos, trade names and any other proprietary designations of Vid used herein are trademarks or registered trademarks of Vid. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
6.21 You will not use our copyrights or trademarks or any confusingly similar marks that may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party that may be contrary to our interests. We reserve the right to remove such content from being shared.
6.22 Vid gives you own or have the necessary rights and permissions includinga personal, without limitationworldwide, all copyrightsroyalty-free, music rights and likeness rights (with respect to any person) contained in the User Generated Contentnon-assignable, non-exclusive, non- transferable license, without the need right to sublicense, to download to use the software that is provided to you by Vid as part of the Service solely for payment to any other person or entityyour personal, non-commercial use. This license is for the sole purpose of enabling you to use and exploitenjoy the benefit of the Service as provided by ▇▇▇, and to authorize Bayer in the manner permitted by these Terms.
6.23 Notwithstanding any other provision of this Agreement, nothing herein will obligate Vid to use and exploit, your any uploaded User Generated Content in all manners contemplated by these Conditions; any manner. You understand and agree that you agree have no right to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) proceeds derived by any third party from the use of the User Content. Vid guarantees no amount of publicity and/or exposure arising out from the license granted.
6.24 Users of the Vid app may create videos with music from third parties that Vid has licensed and/or cleared. Vid might choose to provide the music for free or in connection with Bayer’s for sale. In either case, the music is licensed for use only within Vid, and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and Vid does not to enforce grant users any moral rights, ancillary rights or similar rights in or right to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure music outside the same agreement to waive and not to enforce from others who may possess such Service. No feature of the Vid service should be mistaken for a further grant of rights. Bayer retains For avoidance of doubt, ▇▇▇ does not grant end users the right to monitorupload this music to third party platforms, screensuch as Facebook, postSnapchat, removeInstagram, modifyTwitter, store or YouTube.
6.25 You hereby release and review User Generated Content or communications sent through the Platformdischarge all claims both known and unknown against, at any time and for any reasoncovenant not to sue, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account Vid and access Related Parties (defined below) with respect to the Platform if your User Generated use of any Content Submitted by You as authorized by the Terms (including without limitation any claims that such use violates these Conditions, including unlawful postings any proprietary right such as copyrights or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersrights of publicity/privacy).
Appears in 1 contract
Sources: Terms of Use and User Agreement
User Generated Content. OnAs part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to Seller and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant Seller and its licensees and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in connection withany way such Content in any format or media (“Content License”). You may not revoke Content for any reason at any time. You agree that any Content you submit may appear on sites other than the Site through which you submitted your Content, the Platforme.g., Bayer Content submitted to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ may ask for or allow appear on other Seller’s Sites. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to communicatethe Site. You agree that Seller may use submitted Content in any manner that Seller deems appropriate or necessary in its sole discretion. Seller reserves the right to edit, submitmodify, upload abridge or otherwise make available text, video, chat, images, change any Content you or other content (“User Generated Content), which may be accessible and viewable by others on the Platform and by others submit in the publictheir sole discretion. You agree that you will not submit any User Generated Content that is defamatoryuse a false or misleading email address, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any impersonate another person or entity, whether or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that Seller is not such material is protected by lawresponsible for any Content that you submit to the Site. With regards By submitting any Content to any User Generated Contentthe Site, you warrant and represent that you have the right to use such Content and have the right to permit Seller and its licensees and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to ▇▇▇▇▇ ▇▇▇▇▇ a non-exclusivesubmit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, sublicensableimage, irrevocable likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and royalty-free worldwide license under all copyrightsto grant the Content License to Seller. If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, trademarksyou authorize Seller and its licensees and sublicensees, patentswithout compensation of any kind to you or anyone else, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment ontranslate, modify, transformedit and disseminate, adaptin any format or media now or hereafter created, translateyour name and such images and recordings in any way Seller deems appropriate, create derivative works based uponin its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason. Seller does not guarantee that Content you or others submit will be posted to the Site or become publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (Seller does not guarantee that Content posted to the extent this Site will not be offensive, defamatory or otherwise objectionable. Seller reserves the right to remove any Content from the Site without notice and in Seller’s sole discretion; however, you acknowledge and agree that Seller is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment under no obligation to you to police, monitor or any other person or entity. You agree that submission of User Generated remove Content does not establish any relationship of trust and confidence between you and Bayer, and that you have Seller makes no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (guarantee with respect to any person) contained in the User Generated Contentcompleteness, without the need for payment to any other person accuracy, integrity or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated quality of Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or submitted to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersSite.
Appears in 1 contract
Sources: Terms of Sale
User Generated Content. OnAs part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to Seller and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant Seller and its licensees and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in connection withany way such Content in any format or media (“Content License”). You may not revoke Content for any reason at any time. You agree that any Content you submit may appear on sites other than the Site through which you submitted your Content, the Platforme.g., Bayer Content submitted to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ may ask for or allow appear on Seller’s Site. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to communicatethe Site. You agree that Seller may use submitted Content in any manner that Seller deems appropriate or necessary in its sole discretion. Seller reserves the right to edit, submitmodify, upload abridge or otherwise make available text, video, chat, images, change any Content you or other content (“User Generated Content), which may be accessible and viewable by others on the Platform and by others submit in the publictheir sole discretion. You agree that you will not submit any User Generated Content that is defamatoryuse a false or misleading email address, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any impersonate another person or entity, whether or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that Seller is not such material is protected by lawresponsible for any Content that you submit to the Site. With regards By submitting any Content to any User Generated Contentthe Site, you warrant and represent that you have the right to use such Content and have the right to permit Seller and its licensees and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to ▇▇▇▇▇ ▇▇▇▇▇ a non-exclusivesubmit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, sublicensableimage, irrevocable likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and royalty-free worldwide license under all copyrightsto grant the Content License to Seller. If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, trademarksyou authorize Seller and its licensees and sublicensees, patentswithout compensation of any kind to you or anyone else, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment ontranslate, modify, transformedit and disseminate, adaptin any format or media now or hereafter created, translateyour name and such images and recordings in any way Seller deems appropriate, create derivative works based uponin its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason. Seller does not guarantee that Content you or others submit will be posted to the Site or become publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (Seller does not guarantee that Content posted to the extent this Site will not be offensive, defamatory or otherwise objectionable. Seller reserves the right to remove any Content from the Site without notice and in Seller’s sole discretion; however, you acknowledge and agree that Seller is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment under no obligation to you to police, monitor or any other person or entity. You agree that submission of User Generated remove Content does not establish any relationship of trust and confidence between you and Bayer, and that you have Seller makes no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (guarantee with respect to any person) contained in the User Generated Contentcompleteness, without the need for payment to any other person accuracy, integrity or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated quality of Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or submitted to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersSite.
Appears in 1 contract
Sources: Terms of Sale
User Generated Content. OnWe do not claim any ownership rights to the photos, videos, sounds, text, contest entries, and other content that you import into, store, or create with the Products in connection withwith or through your use of the Products (collectively, the Platform, Bayer “User-Generated Content”). The Products may ask for or provide features that allow you to submit, upload, store, receive, communicate, submitshare, upload publish or otherwise make publicly available text, video, chat, images, or other content (“User User-Generated Content). By submitting, which may be accessible and viewable by others on the Platform and by others in the public. You agree that you will not submit any User Generated Content that is defamatoryuploading, harassingstoring, threateningcommunicating, bigotedsharing, hateful, violent, vulgar, obscene, pornographic, publishing or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm making available any person or entity, whether or not such material is protected by law. With regards to any User User-Generated Content, and unless we indicate otherwise, you agree to ▇▇▇▇▇ ▇▇▇▇▇ grant us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, irrevocable and royalty-free worldwide free, sub-licensable, and transferrable license under all copyrightsto publish, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment onpublicly perform, modify, transform, adapt, translate, create derivative works based uponfrom, publicly performreverse engineer, publicly communicatebroadcast, distribute, exploit, or otherwise make available, and otherwise exploit such User available all User-Generated Content, in whole or in partany portion thereof, in all any media formats and channels or technology now known or later developed, as well as to use any name, likeness, and other identifying indicia ("Name and Likeness") as shown and conveyed in the User-Generated Content, through any medium or format, in any number way permitted under applicable law and in accordance with the applicable privacy policy, including for the purposes of copies operating and without limit improving the Products (such as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable lawthrough algorithmic training), and without the requirement developing new technologies and services. You will not be entitled to compensation for any use by us, or our agents, licensees or assignees, of permission from such User-Generated Content. You acknowledge and agree that you have no right to review or payment to you approve how such User-Generated Content or any other Name and Likeness will be used. We will have no obligation to publish or use or retain any User-Generated Content you submit or to return any such content to you. You are solely responsible for the content that you submit, upload, communicate, share or otherwise make available on or through the Products, or transmit to others, and you represent and warrant that such content will not infringe upon or violate the rights of any person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever all the rights, permissions, licenses, authorizations, and releases (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitationbut not limited to, all copyrights, music rights to synchronize any sound recordings and likeness rights (with respect to any person) contained musical works embodied in the User User-Generated Content, without ) necessary to grant the need for payment to any other person or entity, to use and exploit, licenses in these Terms and to authorize Bayer to use and exploit, your User make the User-Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditionscontent available. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer We may terminate your account and access to the Platform Products if we find that your User User-Generated Content violates these ConditionsTerms, our policies or applicable law, including unlawful postings or content, without prior notice to you. Bayer is not responsible forWe welcome feedback, comments, and does not endorse suggestions for improvements to the Products (“Feedback”). By submitting Feedback to us, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, and transferable license, under any and all intellectual property rights that you own or guaranteedispose, to use, reproduce, publicly display, publicly perform, modify, adapt, translate, create derivative works from, reverse engineer, broadcast, distribute, sell, exploit, or otherwise make available the opinionsFeedback, viewsor any portion thereof, advice in any media or recommendations posted technology now known or sent by userslater developed, without any remuneration, compensation or credit to you.
Appears in 1 contract
Sources: Terms of Service
User Generated Content. On6.1 By using the Service, or in connection withYou understand and agree that Vid is providing a content-sharing platform for You to create and post Content. The term " Content" refers to any information, the Platformdata, Bayer may ask for or allow you to communicate, submit, upload or otherwise make available textcommunication, video, chattext, imagesgraphics, or other content photos (“User Generated Contentincluding but not limited to "Archives" and "Moments"), which may be accessible and viewable by others sounds, music, audiovisual works, chat feed comments, gifting and/or other contributions appearing on the Platform and by others in Service that users of the public. You agree that you will not submit any User Generated Content that is defamatoryService may post, harassingbroadcast, threatening, bigoted, hateful, violent, vulgar, obscene, pornographicupload, or otherwise offensive submit (collectively, " Submit") to the Service, or view or access on the Service. This means that ▇▇▇▇▇ other users may search for, see, use, or can reasonably share any of Your Content that You make publicly available through the Service, consistent with these Terms, Community Guidelines and our Privacy Policy. As such, You should have no expectation of confidentiality in videos or other material if You have selected to keep the videos You created and made public. This includes not only the content that You post and data provided with such content, such as when it was posted, but also the users You follow, Your comments and hashtags, the videos that You like, and other public interactions on the Service. Your public information is widely and instantly disseminated. Furthermore, You are aware that Vid does not guarantee the security of any information You disclose via the Service and any submission of Content by You to the Service is made at Your own risk.
6.2 All rights, title and interest in Content Submitted by You to the Service, to the extent it does not belong to third parties, will remain with You, subject to the licenses You make hereunder. Vid does not and will not claim any ownership over such Content. Notwithstanding the foregoing, You hereby waive any moral rights that You may have in Your Content in favour of Vid and anyone acting with the authorisation of Vid.
6.3 Vid assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be expected solely liable for Content or User Content that You Submit to harm the Service, including without limitation for any person consequences of publishing the Content and User Content through the Service. Your potential liability applies, for example, to any Content or entityUser Content that You make public, whether even if You are not the creator of that Content.
6.4 You hereby affirm, represent and warrant that You will own or not such material is protected obtain all necessary licenses, rights, consents, and permissions to enable Vid to publish and otherwise utilize as authorized in the Terms, the Content You Submit to the Service.
6.5 All of the provisions in this Section 6 shall apply with equal force if You Submit Content that includes advertorials, native advertising, or sponsorship ("Sponsored Content"). Without limitation, all of Your representations, warranties, indemnification obligations, and other obligations under the Terms will apply equally to Sponsored Content as they would to any other Content You Submit. You are solely responsible for ensuring that Your Sponsored Content complies with all applicable federal, state and local laws, rules and regulations, including without limitation the Federal Trade Commission's Guides Concerning Endorsements and Testimonials ("FTC Guidelines"), including all required disclosures and disclaimers.
6.6 As with other Content, Vid assumes no liability for Sponsored Content Submitted by You or any other users of the Service, or for any product or service offered by or through Sponsored Content ("Sponsored Products and Services"). You shall be solely liable for Sponsored Content that You Submit to the Service and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Service.
6.7 In addition to all other termination provisions set forth in the Terms, Vid reserves the right to terminate immediately Your access to the Service if You fail to make disclosures in any Sponsored Content You Submit in accordance with the FTC Guidelines or as otherwise required by applicable law. With regards Further, in the event that Sponsored Content Submitted by You includes material or promotes products or services which, in Vid's sole opinion, might insult or offend users of the Service or which might tend to any User Generated Contentinjure the success of the Service or the good name of Vid, you agree or if Your Sponsored Content does not comply with the Acceptable Use Policy set forth in Section 6 below, or, as determined in Vid's sole opinion, conflicts with or does not align with Vid's business, community, ethical or other goals, then Vid shall have the right (a) to ▇▇▇▇▇ ▇▇▇▇▇ require that You cease submission of the Sponsored Content and/or (b) immediately terminate Your access to the Service.
6.8 By Submitting Content to the Service, You are granting Vid and its agents and designees a perpetual worldwide, non-exclusive, sublicensable, irrevocable and royalty-free worldwide free, sub-licenseable and transferable license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmitdistribute, printprepare derivative works of, publish, publicly display, exhibitand perform such Content in connection with the Service and with the businesses of Vid and those of its successors, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make availablelicensees, and otherwise exploit such User Generated Contentaffiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in whole or in part, in any and all media formats and through any and all media channels now known or later developed.
6.9 Without limitation, the foregoing license includes the right of Vid to grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use, view, reproduce, distribute, display, perform, edit, modify and comment upon such Content as permitted through the functionality of the Service, subject to the Terms. Such functionality currently includes the ability of users to capture segments from broadcasts of Content and to make such segments available on users' own Vid Account at the Service, and to use, reproduce, distribute, display, perform, edit, modify and comment upon such segments via any and all channels of social media. (Vid shall have the right but not the obligation to remove such segments from users' account pages at the Service.)
6.10 Nothing herein, however, shall be construed to permit use of such Content by users of the Service for endorsements of any product or service (other than the Service), or for any other commercial purpose, not authorized by You.
6.11 In connection with the exercise of each of the foregoing rights licensed by You, You consent to use of Your name, image, likeness, photograph, performance, voice, biographical details, Facebook ID, Twitter handle, Google+ ID, Instagram ID, profile pictures, and any other attributes of Your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the Site and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from You, except where prohibited by law.
6.12 By uploading Content consisting of audio media (the “Tracks”) You warrant and represent that:
(a) You have all rights necessary to grant all rights granted hereunder, including but not limited to the consent of all writers, performers, producers and artists, as well as any number of copies other performers and without limit as to timevocalists performing on the Tracks for the intended use hereunder;
(b) You shall not be responsible for any payment hereunder, manner and frequency of useincluding, without further notice limitation, to youany writer or artist, without attribution union, guild, performing rights organization, or any performer or vocalist whose performance is contained on a Track, in connection with any use of the Tracks as authorized hereunder;
(c) that each of the compositions and master recordings embodied in the Tracks is an original work;
(d) that all “samples,” if any, utilized in a master recording have been cleared for the uses licensed hereunder;
(e) that You own or have rights to one hundred percent (100%) of the copyright, including renewals, in and to the extent this is composition and master recordings throughout the world;
(f) the exercise by Licensee (and the users) of the rights granted hereunder does not contrary to mandatory provisions of applicable law), and without will not infringe or violate the requirement of permission from or payment to you copyright or any other person rights of a third party, including, without limitation, the right of any writer or entityartist, or any performer or vocalist whose performance is contained on a master recording, or any third-party publisher or record label, or the rights of privacy or publicity of any of the foregoing; and
(g) if You are affiliated with a performing rights organization (a “PRO”), Licensor has complied with all obligations in Licensor’s agreement with such PRO relating to the license granted herein (including any notification requirements, if applicable).
6.13 Any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements will result in removal of Your Content and may result in termination of Your access to the Service.
6.14 By uploading or posting Content containing Tracks to the Service, You agree to grant Vid a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Service, and to operators and users of any other websites, apps and/or platforms to which Your User Content containing Tracks have been shared, linked to or embedded using the Service to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public Your content utilizing the features of the Service. You can limit and restrict the availability of Your content to other users of the platform by selecting not to make Your video content and/or sound public for each video You upload.
6.15 You agree that Vid may exercise the license granted by You without notice, payment or attribution to You. You understand that Vid does not guarantee any confidentiality with respect to any User Content that You submit. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your User Content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You agree that submission You, not Vid, are responsible for all of Your User Generated Content does not establish any relationship of trust and confidence between you and Bayerthat You make available on or in the Service, and that you have no expectation of compensation whatsoever (except as may be specifically stated whether publicly posted or privately transmitted.
6.16 When You delete Content, it is deleted in a separate agreementmanner similar to emptying the recycle bin on a computer. However, You understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others). .
6.17 You represent and warrant that your User Generated Content conforms Vid shall not at any time be responsible for the payment of any fees, advances, public performance fees or royalties.
6.18 The Service and any related content or services offered within are proprietary to and the property of Vid or its licensors. All intellectual property rights in or associated with the Service and any related content or services offered within are and will remain exclusively owned by Vid or its licensors. You agree to secure and protect the Vid Service and any related content or services offered within in a manner that will maintain and protect Vid’s rights. You shall do nothing inconsistent with Vid’s ownership rights. You agree to take all reasonable steps to protect the Service and any related content or services offered within from loss or damage while in Your possession or under Your control or use.
6.19 The content in and available through our Service is protected by copyright, trademark and other laws of the United Kingdom and foreign countries. Except as expressly provided in these Conditions terms, Vid and its licensors exclusively own all right, title, and interest in and to the services and all Vid content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service ▇▇▇▇ or other proprietary rights notices incorporated in or accompanying the services or content.
6.20 All trademarks, service marks, logos, trade names and any other proprietary designations of Vid used herein are trademarks or registered trademarks of Vid. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
6.21 You will not use our copyrights or trademarks or any confusingly similar marks that you own may infringe or have breach the necessary copyright or any intellectual property rights and permissions includingor privacy or other rights of us or any third party that may be contrary to our interests. We reserve the right to remove such content from being shared.
6.22 Vid gives You a personal, without limitationworldwide, all copyrightsroyalty-free, music rights and likeness rights (with respect to any person) contained in the User Generated Contentnon-assignable, non-exclusive, non- transferable license, without the need right to sublicense, to download to use the software that is provided to You by Vid as part of the Service solely for payment to any other person or entityYour personal, non-commercial use. This license is for the sole purpose of enabling You to use and exploitenjoy the benefit of the Service as provided by Vid, and to authorize Bayer in the manner permitted by these Terms.
6.23 Notwithstanding any other provision of this Agreement, nothing herein will obligate Vid to use and exploit, your any uploaded User Generated Content in all manners contemplated by these Conditions; any manner. You understand and you agree that You have no right to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) proceeds derived by any third party from the use of the User Content. Vid guarantees no amount of publicity and/or exposure arising out from the license granted.
6.24 Users of the Vid app may create videos with music from third parties that Vid has licensed and/or cleared. Vid might choose to provide the music for free or in connection with Bayer’s for sale. In either case, the music is licensed for use only within Vid, and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and Vid does not to enforce grant users any moral rights, ancillary rights or similar rights in or right to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure music outside the same agreement to waive and not to enforce from others who may possess such Service. No feature of the Service should be mistaken for a further grant of rights. Bayer retains For avoidance of doubt, Vid does not grant end users the right to monitorupload this music to third party platforms, screensuch as Facebook, postSnapchat, removeInstagram, modifyTwitter, store or YouTube.
6.25 You hereby release and review User Generated Content or communications sent through the Platformdischarge all claims both known and unknown against, at any time and for any reasoncovenant not to ▇▇▇, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account Vid and access Related Parties (defined below) with respect to the Platform if your User Generated use of any Content Submitted by You as authorized by the Terms (including without limitation any claims that such use violates these Conditions, including unlawful postings any proprietary right such as copyrights or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersrights of publicity/privacy).
Appears in 1 contract
Sources: Terms of Use and User Agreement
User Generated Content. OnIf applicable, we do not claim any ownership rights to the photos, videos, sounds, text, contest entries, and other content that you import into, store, or create with the Products in connection withwith or through your use of the Products (collectively, the Platform, Bayer “User-Generated Content”). The Products or Promotions (as defined below) may ask for or provide features that allow you to submit, upload, store, receive, communicate, submitshare, upload publish or otherwise make publicly available text, video, chat, images, or other content (“User User- Generated Content). By submitting, which may be accessible and viewable by others on the Platform and by others in the public. You agree that you will not submit any User Generated Content that is defamatoryuploading, harassingstoring, threateningcommunicating, bigotedsharing, hateful, violent, vulgar, obscene, pornographic, publishing or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm making available any person or entity, whether or not such material is protected by law. With regards to any User User-Generated Content, and unless we indicate otherwise, you agree to ▇▇▇▇▇ ▇▇▇▇▇ grant us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, irrevocable and royalty-free worldwide free, sub-licensable, and transferrable license under all copyrightsto publish, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment onpublicly perform, modify, transform, adapt, translate, create derivative works based uponfrom, publicly performreverse engineer, publicly communicatebroadcast, distribute, exploit, or otherwise make available, and otherwise exploit such User available all User-Generated Content, in whole or in partany portion thereof, in all any media formats and channels or technology now known or later developed, as well as to use any name, likeness, and other identifying indicia ("Name and Likeness") as shown and conveyed in the User-Generated Content, through any medium or format, in any number way permitted under applicable law and in accordance with the applicable privacy policy, including for the purposes of copies operating and without limit improving the Products (such as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable lawthrough algorithmic training), and without the requirement developing new technologies and services. You will not be entitled to compensation for any use by us, or our agents, licensees or assignees, of permission from such User-Generated Content. You acknowledge and agree that you have no right to review or payment to you approve how such User-Generated Content or any other Name and Likeness will be used. We will have no obligation to publish or use or retain any User- Generated Content you submit or to return any such content to you. You are solely responsible for the content that you submit, upload, communicate, share or otherwise make available on or through the Products, or transmit to others, and you represent and warrant that such content will not infringe upon or violate the rights of any person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever all the rights, permissions, licenses, authorizations, and releases (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitationbut not limited to, all copyrights, music rights to synchronize any sound recordings and likeness rights (with respect to any person) contained musical works embodied in the User User-Generated Content, without ) necessary to grant the need for payment to any other person or entity, to use and exploit, licenses in these Terms and to authorize Bayer to use and exploit, your User make the User-Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditionscontent available. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer We may terminate your account and access to the Platform Products if we find that your User User-Generated Content violates these ConditionsTerms, our policies or applicable law, including unlawful postings or content, without prior notice to you. Bayer is not responsible forWe welcome feedback, comments, and does not endorse suggestions for improvements to the Products (“Feedback”). By submitting Feedback to us, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, and transferable license, under any and all intellectual property rights that you own or guaranteedispose, to use, reproduce, publicly display, publicly perform, modify, adapt, translate, create derivative works from, reverse engineer, broadcast, distribute, sell, exploit, or otherwise make available the opinionsFeedback, viewsor any portion thereof, advice in any media or recommendations posted technology now known or sent by userslater developed, without any remuneration, compensation or credit to you.
Appears in 1 contract
Sources: Terms of Service
User Generated Content. On, or in connection with, the Platform, Bayer A. The Product may ask for or allow you provide functionality that allows You to communicate, submit, upload or otherwise make available text, video, chat, images, or other content transmit Content to the Product (“User "User-Generated Content"), which may be accessible and viewable by others on the Platform and by others in the public. You agree that you will not submit any User All User-Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected must adhere to harm any person or entity, whether or not such material is protected by law. With regards the terms set forth herein.
B. You retain all intellectual property rights in and to any User User-Generated Content, you agree including but not limited to ▇▇▇▇▇ ▇▇▇▇▇ copyrights in User-Generated Content. Provider does not claim any ownership, right, title, or interest in or to your User-Generated Content. Notwithstanding the foregoing, You hereby grant a non-exclusive, sublicensabletransferrable, irrevocable and royaltyirrevocable, perpetual worldwide, fully paid-free worldwide up license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other to Provider to exploit any intellectual property rights for in the full duration User-Generated Content in order to provide the Product, including but not limited to the right to reproduce, distribute copies, perform, display, and prepare derivative works of those rights any copyrighted User-Generated Content in order to provide the Product; and the right to make, use, reproduceoffer for sale, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make availablesell, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in import any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User patented User-Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). order to provide the Product.
C. You represent and warrant that your User You have the right to grant the license listed in Section III(B) to Provider for any User-Generated Content.
D. You acknowledge that User-Generated Content conforms to these Conditions may be accessible by third parties over whom Provider has no control, and therefore, you submit the User-Generated Content at your own risk.
E. You represent and warrant that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect right to any person) contained in upload or otherwise transmit the User User-Generated Content, without Content to the need for payment to any other person or entity, to use and exploitProduct, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you such posting does not violate any third party's intellectual property rights.
F. You hereby agree to indemnify indemnify, defend, and hold Bayer harmless Provider from any claims or expenses (including attorneys’ fees) made by any a third party arising out of or in connection with Bayer’s use and exploitation of your User that Your User-Generated Content resulting from your breach of these Conditions. You also agree violates the third party's intellectual property rights.
G. User-Generated Content that is unlawful or promotes illegal activity; is threatening, obscene, or defamatory, displays pornographic or sexually explicit material, or is false or misleading, is not allowed to waive and not to enforce any moral rights, ancillary rights be uploaded or similar rights in or otherwise transmitted to the User Generated Content against Bayer or Bayer’s licenseesProduct.
H. Provider may, distributorsbut has no obligation to, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User delete, and/or remove any User-Generated Content or communications sent through which Provider believes violates the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersterms of this Agreement.
Appears in 1 contract
Sources: Terms of Use
User Generated Content. OnA. The Product may include message boards, content sharing features, and other means by which you and other users may share content that you create ("UGC"). To the fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Trial Boom a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that Trial Boom shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in connection withany of your UGC.
B. To the extent the Product permits other users to access and use your UGC, you also grant all other users of the PlatformProduct the right to use, Bayer copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Product without further notice, attribution or compensation to you.
C. You represent and warrant that any UGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person's rights, including, without limitation, any privacy rights and/or so-called "moral rights"; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may ask for or allow you to communicate, submit, not upload or otherwise make available post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload any UGC that violates any third party's right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party. You are responsible and liable for any UGC you place on or through the Product, including the transmission, posting, or other provision of text, files, links, software, photographs, video, chatsound, imagesmusic or other information or material. You may only upload your own UGC to the Product; do not upload anyone else's UGC.
D. Trial Boom has no obligation to monitor, approve, verify, or prescreen any UGC that you and other content users may contribute to or through the Product. Trial Boom reserves the right (“User Generated Content)but has no obligation) to remove, which may be accessible and viewable block, edit, move or disable UGC for any reason in Trial ▇▇▇▇'s sole discretion. To the maximum extent permitted by others on the Platform and by others in the publicapplicable law, Trial Boom does not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you will shall not submit hold Trial Boom liable for any User Generated Content loss or damage arising from the contents of any UGC (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.
E. Listed below are some, though not all, violations that is defamatorymay result in Trial Boom terminating or suspending your access to the Product and/or restricting your ability to access and/or post UGC. You agree not to do any of the following actions while using the Product:
i. Harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
ii. Transmit any UGC that Trial Boom considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, threatening, bigoted, hateful, violentdefamatory, vulgar, obscene, pornographichateful, or racially, sexually, ethnically or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm objectionable;
iii. Impersonate any person or entity, whether including but not limited to Trial Boom;
iv. Disrupt normal Product functionality, or not such material is protected by law. With regards to otherwise act in a manner that negatively affects other participants and/or the overall Product experience;
v. Post or transmit any User Generated Contentunsolicited advertising, you agree to ▇▇▇▇▇ ▇▇▇▇▇ a non-exclusivepromotional materials, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other forms of solicitation;
vi. Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing the Product;
vii. Post multiple posts of the same content (e.g., "spam"); or
viii. Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.
F. TRIAL BOOM DOES NOT ENDORSE, OR GUARANTEE THE ACCURACY, EFFICACY OR VERACITY OF, ANY UGC GENERATED BY USERS.
G. Some Products may permit you to share certain information about yourself with the public, including people who may not be registered users of the Product, and the public may access and use that information and associate it with you. You agree that submission of User Generated Content does not establish any relationship of trust acknowledge and confidence between you and Bayer, and confirm that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions includingprivacy when using such Product features, including without limitation, all copyrightsuploading or submitting UGC; comparing your statistics, music rights personal bests and likeness rights (with respect to any person) contained in the User Generated Content, without the need leaderboards against other users; searching for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated users by these Conditionsusername; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and discovering events that other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible users have signed up for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by userslinking to social media accounts that publicly display user information. See Section 9.E below for further details.
Appears in 1 contract
Sources: Terms of Use
User Generated Content. On6.1 This Website and App may allow you to post information, photos, content, user submissions and/or upload materials to the Website and App (including features such as live chat and forums), whether through external Website and Apps or otherwise (User Content) and may also allow you to see User Content submitted by other persons.
6.2 User submissions must not include or post or permit to be posted any positive or negative testimonials, recommendations or criticisms that relate to any health or medical practitioner or any medical or health facility.
6.3 The Website and App may include functionalities that allow you to control whether or not the public or other users of the Website and App are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Website and App properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with, with any incorrect implementation of the Platform, Bayer may ask for or allow you to communicate, submit, upload or otherwise make available text, video, chat, images, or other content (“User Generated Content), which may be accessible and viewable by others on the Platform and by others in the public. You agree Access Controls that you will select (including any resulting disclosure of your User Content that you did not submit intend to disclose).
6.4 Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or not such material is protected by lawContent. With regards to any User Generated ContentIn particular, you agree to ▇▇▇▇▇ ▇▇▇▇▇ a non-exclusiveshould be aware that, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such if your User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this Content is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or downloaded by any other person (including other users of the Website and App) (whether authorised or entity. You agree not), then neither 3DA nor you may be able to control the further disclosure and publication of that submission of User Generated Content.
6.5 By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content does not establish any relationship of trust on this Website and confidence between App:
(a) you and Bayer, and warrant that you independently created or otherwise have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have all the necessary rights and permissions includingneeded to submit User Content to the Website and App;
(b) you grant to us a royalty-free, without limitationnon-exclusive irrevocable, all copyrights, music perpetual and world- wide licence of the intellectual property rights and likeness rights (with respect to any person) contained in the User Generated Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
(c) you must ensure, and warrant, that your User Content, without and the need for payment licence that you grant to us under clause 6.5(b) do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person or entityperson, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by us against any third party claims arising out from your use of or the Website and App in connection with Bayer’s use breach of this clause 6.5(c); and
6.6 To the full extent permitted by law (and exploitation subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Generated Content resulting from your breach of these ConditionsContent. You also agree to To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive and not to enforce any moral rightsrights you may have.
6.7 We have the right, ancillary rights or similar rights in or but not the obligation, to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store monitor and review User Generated Content or communications sent through the Platformfrom time to time and we may, at any time our sole discretion and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).
6.8 Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. Bayer We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.
6.9 You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website and App, and other users may terminate use, view and download your account User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website and access App that is accessible to the Platform if your public or other users of the Website and App.
6.10 You acknowledge that you must not use the Website or App, or post any material on the Website or App, that is a medical or related testimonial, or otherwise is a post that could breach any regulatory requirements that a medical practitioner is compelled to comply with including but not limited to advertising of medical services or products and compliance with the rules or regulations of the Therapeutic Goods Administration.
6.11 Some User Generated Content violates these Conditions, including unlawful postings may refer to events or content, without prior notice to youactivities that are organised by other users of the Website and App. Bayer is We are not responsible forfor organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.
6.12 If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not endorse or guaranteecomply with these terms, the opinions, views, advice or recommendations posted or sent by usersplease contact our administrator at ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇
Appears in 1 contract
Sources: End User License Agreement (Eula)
User Generated Content. On, or in connection with, 7.1 We do not claim ownership of the Platform, Bayer may ask for or allow you to communicate, submit, upload or otherwise make available text, video, chat, images, or other content (“User Generated Content), which may be accessible and viewable by others on the Platform and by others in the public. You agree that When you will not submit post any User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. With regards to any User Generated Content, you agree to ▇▇▇▇▇ ▇▇▇▇▇ grant us and our Affiliate a non-exclusive, sublicensableirrevocable, irrevocable and royalty-free free, transferable, and worldwide license under all copyrights, trademarks, patents, trade secrets, privacy to use the User Generated Content and associated intellectual property and publicity rights to help us review, improve, operate and other intellectual property rights promote our current services, develop new ones and ensure compliance with this Agreement. We will not compensate you for any of the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (.
7.2 Further to the extent foregoing paragraph, by submitting your User Generated Content to us, you warrant that: -
(a) use of your User Generated Content will not infringe any intellectual property or publicity rights;
(b) you own or otherwise control all of the rights of the User Generated Content;
(c) during or after the term of this Agreement, you agree to waive your moral rights and promise not to assert, authorize, assist or encourage any third party to assert such rights against us and/or our Affiliate, customers, vendors, business partners in relation to the Services and/or any patent infringement claim regarding the Content and the functionality and/or other characteristics;
(d) your User Generated Content is not contrary to mandatory provisions of applicable law)defamatory, and without the requirement of permission from threatening, injurious, insulting character, offensive, abusive, offensive on moral, menacing, religious or payment to you or any other person or entity. You agree that submission of political grounds, impair your confidentiality obligations;
(e) your User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever infringe the Law;
(except as may be specifically stated in a separate agreement). You represent and warrant that your f) use the User Generated Content conforms to these Conditions without obtaining Your prior consent; and
(g) you shall be solely responsible for your own User Generated Content and that you own the consequences of posting or have the necessary rights publishing them;
7.3 We do not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and permissions including, without limitation, we expressly disclaim any and all copyrights, music rights and likeness rights (liability in connection with respect to any person) contained in the User Generated Content, without the need for payment to . We do not permit activities which will infringe any other person or entity, to use intellectual property including copyright and exploit, we will remove all infringing contents and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims upon notification that such Content or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from infringes on another’s intellectual property. We further reserve the right to remove any User Generated Content without prior notice to you.
7.4 If you believe that your breach work has been copied and posted in our Website, without your permission or in any other way that constitutes copyright infringement or if you have any form of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights complaint or similar rights grievances in or relation to the User Generated Content against Bayer or Bayer’s licenseesposted, distributorsplease contact our Customer Service Support.
7.5 You are solely responsible for your interactions with another user. We reserve the right, agentsalthough we have no obligation, representatives to monitor disputes between you and other authorized usersuser, and agree to procure the same agreement to waive and not to enforce from others who take any action that we feel may possess such rights. Bayer retains the right to monitorbe appropriate in our sole discretion, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersconsistent with this Agreement.
Appears in 1 contract
Sources: Terms of Use
User Generated Content. On As a user to this website, or in connection with, the Platform, Bayer may ask for or allow you to communicate, submit, upload or otherwise make available text, video, chat, images, or other content (“User Generated Content), which You may be accessible and viewable by others on the Platform and by others in the public. You agree that you will not submit allowed to post any User Generated Content that is defamatory(“User Content”) and You agree, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. With regards to any User Generated Contentsubmitting your contribution, you agree to ▇▇▇▇▇ ▇▇▇▇▇ a perpetual, royalty-free, non-exclusive, sublicensable, irrevocable sublicensable right and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment onedit, modify, transformadapt, adaptpublish, translate, create derivative derivate works based uponfrom, publicly distribute, perform, publicly communicateplay, make availableavailable to the public, and otherwise exploit such User Generated Contentexercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media, in whole or in part, in all media formats and channels now known or later developed, for the full terms of any rights that may exist in any number your contribution. You also hereby grant other user of WISER Website a non-exclusive license to access your User Content through the access and/or use of WISER Website, and to use such User Content only as permitted through the functionality of WISER Website. You understand and agree that TM may retain and store, but not display, distribute, or perform, server copies and without limit as of User Content that has been removed or deleted. The above licenses granted to timeTM, manner and frequency of use, without further notice to you, without attribution (by You in User Content is irrevocable. Further to the extent this foregoing paragraph, by submitting your User Content to us, You warrant that:-
a) your User Content is not contrary to mandatory provisions of applicable law)your own original work or have the necessary license, rights, consents, and without permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable TM to use of the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, in the manner required by us and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that the right to make it available to us for all the purposes specified above;
b) your User Generated Content conforms is not defamatory, threatening, injurious, insulting character, offensive, abusive, offensive on moral, menacing, religious or political grounds, impair your confidentiality obligations;
c) your User Content does not infringe the law;
d) You shall be solely responsible for your own User Content and the consequences of posting or publishing them;
e) You will not submit material that is copyrighted, protected by trade secret or otherwise subject to these Conditions third party proprietary rights, including privacy and that publicity rights, unless you own are the owner of such rights or have permission from their rightful owner to post material and to grant us all of the necessary license rights granted herein; and/or
f) waive any moral rights in your User Content for the purposes of its submission to and permissions includingpublication in WISER Website and the purposes specified above. You understand that whether or not such User Content is posted, without limitation, all copyrights, music rights and likeness rights (TM does not guarantee any confidentiality with respect to any person) contained in the User Generated Content. TM does not endorse any User Content or any opinion, without the need for payment to any other person recommendation, or entity, to use and exploitadvice expressed therein, and to authorize Bayer to use expressly disclaims any and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or liability in connection with BayerUser Content. We do not permit activities which will infringe any Intellectual Property Rights including copyright and we will remove all infringing contents and User Content upon notification that such Content or User Content infringes on another’s use and exploitation of your User Generated Content resulting from your breach of these ConditionsIntellectual Property Rights. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains We further reserve the right to monitor, screen, post, remove, modify, store and review User Generated remove any Content or communications sent through the Platform, User Content without prior notice. You understand and agree that we may review and delete any User Content that you posted at any time without notice, without liability and for any reasonreason whatsoever, including especially if you breach the terms and conditions herein. We reserve the right to ensure that investigate and take appropriate legal action, in our sole discretion, against You for the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account especially if it violates TM policy and access report you to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersAppropriate Authority.
Appears in 1 contract
Sources: Website Use and Access Agreement
User Generated Content. On, or in connection with, the Platform, Bayer The Service may ask for or provide features which allow you to communicatecreate, submitdevelop, upload modify, or contribute content (“User Content”) and to upload, publish, or otherwise make available textUser Content to other users of the Service. These features may also allow you to interact with, videomanipulate, chatand change User Content in whole or in part. User Content may include without limitation posts, imagescommunications, customization, in-App constructions, replays, cinematics, scripts and programs, modes, gameplay, experiences, interactive features, screenshots, audiovisual combinations, musical works, animations, and other types of works (standalone or in combination). You hereby grant to Navigation Media an irrevocable and non-exclusive permission, right, and license to host, copy, import, store, modify, adapt, display, perform, reproduce, create derivative works, publicly display, transfer, sublicense, and distribute (collectively “Use”) your User Content in whole or in part in any media, platform, or channel in connection with the Services. You retain all other rights that you may have in your User Content. You understand that you are not entitled to receive any compensation, fees, consideration, or other content (“remuneration for your User Generated Content in connection with the Services or our Use of your User Content). Navigation Media does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Further, which may be accessible and viewable by others on you agree that in conjunction with your use of the Platform and by others in the publicServices you will not make available any unlawful, inappropriate, or commercial User Content. You agree that you will not submit any User Generated Content that is defamatoryinaccurate, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographicmisleading, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. With regards to any inappropriate User Generated Content, you agree to ▇▇▇▇▇ ▇▇▇▇▇ a non-exclusiveincluding data submissions, sublicensableedits, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement)removal requests. You represent and warrant that your User Generated Content conforms to these Conditions does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you own will not use or have contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the necessary rights privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Navigation Media may remove any User Content and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in related content or elements from the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, Services at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersits sole discretion.
Appears in 1 contract
User Generated Content. OnAs part of your use and enjoyment of the Site, or you may, from time to time, provide us with content in connection withthe form of comments, the Platformideas, Bayer may ask for or allow you to communicatesuggestions, submit, upload or otherwise make available text, video, chatinformation, images, messages, or other content material, regardless of its medium, through chat rooms, message boards, comment sections, blogs, social media pages or feeds, or to us directly through email, US postal service, or by telephone (“User Generated Content”), which may . You acknowledge and understand that none of the User Generated Content will be accessible kept confidential and viewable by others on there is no expectation of privacy for any of the Platform and by others in the publicUser Generated Content. You agree that you will not submit any User Generated Content shall be appropriate for the Site and complies with this Terms of Use. You represent and warrant that you have the full right to use the User Generated Content, that it is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or original to you and that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or it does not such material is protected by lawviolate the rights of others. With regards to any By submitting User Generated Content, you agree to ▇▇▇▇▇ ▇▇▇▇▇ grant Eventique, our partners, affiliates and assigns, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, sublicensablefully transferrable, irrevocable assignable right and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, copy, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based uponfrom, publicly modify, publish, translate, perform, publicly communicate, make available, and otherwise exploit such display the User Generated Content, in whole or in part, in all media formats and channels any form, media, or technology, now known or later developeddiscovered or developed in the future, in for any number lawful or commercial purpose, including marketing or solicitation of copies and business, with or without limit as to timeyour personal information, manner and frequency of useincluding your name, without further notice to youusername, without attribution (or other identifiable information, subject to the extent this terms of our Privacy Policy. Eventique is not contrary to mandatory provisions of applicable law)responsible for maintaining, and without the requirement of permission from saving or payment to you or otherwise backing up any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains .
a. Eventique reserves the right to monitor, screen, post, remove, modify, store review and review edit any User Generated Content or communications sent through information posted on or submitted on the Platform, at Site or Eventique. In the event that any time and for any reason, including to ensure that the User Generated Content conforms or information submitted by you to these ConditionsEventique becomes subject to legal proceedings or inquiries, without prior notice We reserve the right to disclose any such information as necessary, pursuant to any applicable law, rule, regulation, order, or government request. We assume no liability or responsibility for the impact this may have on you, your business or any third parties.
b. Eventique may make chat rooms and services, bulletin boards, message boards, messaging services, comment sections, blogs or other forums available through the Site (a “Forum”). Bayer Each Forum may terminate your account and access have its own rules and/or regulations that you agree to adhere to when you post, upload, transmit, contribute or otherwise engage with through the Platform if your Site. Any comments, information or User Generated Content violates these Conditionsposted on a Forum may be recorded and stored in multiple places, including unlawful postings both on our Site and elsewhere on the Internet. You do not have control over who will read any such content now, or contentin the future. It is your obligation to be selective when posting information about yourself or others, without prior notice particularly information that is sensitive, embarrassing, proprietary or confidential. When engaging on or in a Forum, You agree that you will represent yourself in an honest way and shall not impersonate anyone else, or hold yourself out to you. Bayer is not responsible forrepresent anyone or any other entity, and does not endorse or guarantee, unless you have the opinions, views, advice or recommendations posted or sent by usersexpress authority to do so.
Appears in 1 contract
Sources: Terms and Conditions
User Generated Content. OnStamina may allow users to submit and share comments, or in connection withfeedback, the Platformsubmissions, Bayer may ask for or allow you to communicatevideos, submitsuggestions, upload or otherwise make available textquestions, videoreviews, chat, images, or and other content through the Stamina Sites (“User Generated Content”), which may . User Content should be accessible communicated in English. You understand that Stamina disclaims any and viewable by others all liability for any User Content provided on the Platform and by others in the publicStamina Sites, including any liability for any reliance on any User Content. You agree are reminded that all products featured on the Stamina Sites are to be used in accordance with the warnings and instructions that accompany the product. Serious bodily injury can occur if the product is not assembled and used correctly. Serious bodily injury can also occur if all warnings and instructions are not followed. By submitting User Content, you warrant that (1) you are the sole author and owner of the User Content; (2) you are at least 18 years old; and (3) use of any User Content you supply will not submit violate any User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, terms of this Agreement and will not cause or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected contribute to harm any injury to any person or entity, whether entity or not such material is protected by otherwise violate any law. With regards to any You acknowledge that Stamina cannot monitor all User Generated Content, you agree to ▇▇▇▇▇ ▇▇▇▇▇ a non-exclusive, sublicensable, irrevocable Content and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. acknowledge that You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement)that Stamina do so. You represent and warrant acknowledge that your use or reliance upon any User Generated Content conforms to these Conditions and that you is at your own or have the necessary rights and permissions includingrisk. For example, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is we are not responsible for, and does we do not endorse or guaranteeendorse, the opinions, viewsadvice, advice or recommendations posted or sent by usersany users and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they provide as User Content. You further acknowledge that Stamina shall have the right, but not the obligation, to monitor the User Content of the Stamina Sites to determine compliance with this Agreement and any other operating rules that may be established by Stamina from time to time. Stamina shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any User Content submitted to or posted on the Stamina Sites for any reason, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any User Content you submit and you agree to indemnify Stamina and its affiliates for all claims resulting from any User Content you submit.
Appears in 1 contract
Sources: Terms of Use
User Generated Content. OnA. The Product may include message boards, content sharing features, and other means by which you and other users may share content that you create ("UGC"). To the fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Trial Pro a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that Trial Pro shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in connection withany of your UGC.
B. To the extent the Product permits other users to access and use your UGC, you also grant all other users of the PlatformProduct the right to use, Bayer copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Product without further notice, attribution or compensation to you.
C. You represent and warrant that any UGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person's rights, including, without limitation, any privacy rights and/or so-called "moral rights"; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may ask for or allow you to communicate, submit, not upload or otherwise make available post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload any UGC that violates any third party's right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party. You are responsible and liable for any UGC you place on or through the Product, including the transmission, posting, or other provision of text, files, links, software, photographs, video, chatsound, imagesmusic or other information or material. You may only upload your own UGC to the Product; do not upload anyone else's UGC.
D. Trial Pro has no obligation to monitor, approve, verify, or prescreen any UGC that you and other content users may contribute to or through the Product. Trial Pro reserves the right (“User Generated Content)but has no obligation) to remove, which may be accessible and viewable block, edit, move or disable UGC for any reason in Trial Pro's sole discretion. To the maximum extent permitted by others on the Platform and by others in the publicapplicable law, Trial Pro does not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you will shall not submit hold Trial Pro liable for any User Generated Content loss or damage arising from the contents of any UGC (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.
E. Listed below are some, though not all, violations that is defamatorymay result in Trial Pro terminating or suspending your access to the Product and/or restricting your ability to access and/or post UGC. You agree not to do any of the following actions while using the Product:
i. Harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
ii. Transmit any UGC that Trial Pro considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, threatening, bigoted, hateful, violentdefamatory, vulgar, obscene, pornographichateful, or racially, sexually, ethnically or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm objectionable;
iii. Impersonate any person or entity, whether including but not limited to Trial Pro;
iv. Disrupt normal Product functionality, or not such material is protected by law. With regards to otherwise act in a manner that negatively affects other participants and/or the overall Product experience;
v. Post or transmit any User Generated Contentunsolicited advertising, you agree to ▇▇▇▇▇ ▇▇▇▇▇ a non-exclusivepromotional materials, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or later developed, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other forms of solicitation;
vi. Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing the Product;
vii. Post multiple posts of the same content (e.g., "spam"); or
viii. Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.
F. TRIAL PRO DOES NOT ENDORSE, OR GUARANTEE THE ACCURACY, EFFICACY OR VERACITY OF, ANY UGC GENERATED BY USERS.
G. Some Products may permit you to share certain information about yourself with the public, including people who may not be registered users of the Product, and the public may access and use that information and associate it with you. You agree that submission of User Generated Content does not establish any relationship of trust acknowledge and confidence between you and Bayer, and confirm that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions includingprivacy when using such Product features, including without limitation, all copyrightsuploading or submitting UGC; comparing your statistics, music rights personal bests and likeness rights (with respect to any person) contained in the User Generated Content, without the need leaderboards against other users; searching for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated users by these Conditionsusername; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and discovering events that other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible users have signed up for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by userslinking to social media accounts that publicly display user information. See Section 9.E below for further details.
Appears in 1 contract
Sources: Terms of Use
User Generated Content. On14.1 As a User, or in connection with, the Platform, Bayer may ask for or allow you to communicate, submit, upload or otherwise make available text, video, chat, images, or other content (“User Generated Content), which may be accessible and viewable by others on the Platform and by others in the public. You agree that you will not submit allowed to Post any User Generated Content that is defamatoryand you agree, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that ▇▇▇▇▇ or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. With regards to any User Generated Contentsubmitting your contribution, you agree to ▇▇▇▇▇ ▇▇▇▇▇ grant us and our Affiliate a non-exclusive, sublicensableworldwide transferable, irrevocable and royalty-free worldwide license under all copyrightsfree, trademarksirrevocable, patents, trade secrets, privacy perpetual right and publicity rights and other intellectual property rights for the full duration of those rights licence to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment onedit, modify, transformadapt, adaptpublish, translate, create derivative derivate works based uponfrom, publicly distribute, perform, publicly communicateplay, make availableavailable to the public, and otherwise exploit such User Generated Contentexercise all copyright and publicity rights with respect to your contribution, and/or to incorporate your contribution in whole or other works in partany media, in all media formats and channels now known or later developed, for the full terms of any rights that may exist in any number your contribution.
14.2 You also hereby grant other user of the Property a non-exclusive licence to access your User Generated Content through the access and/or use of the Property, and to use such User Generated Content only as permitted through the functionality of the Property.
14.3 You understand and agree that we may retain and store, but not display, distribute, or perform, server copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (User Generated Content that has been removed or deleted.
14.4 Further to the extent this foregoing paragraph, by submitting your User Generated Content to us, you warrant that: -
(a) your User Generated Content is your own original work or have the necessary license, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable us to use of the User Generated Content in the manner required by us and that you have the right to make it available to us for all the purposes specified above;
(b) your User Generated Content is not contrary to mandatory provisions of applicable law)defamatory, and without the requirement of permission from threatening, injurious, insulting character, offensive, abusive, offensive on moral, menacing, religious or payment to you or any other person or entity. You agree that submission of political grounds, impair your confidentiality obligations;
(c) your User Generated Content does not establish infringe the Law;
(d) you shall be solely responsible for your own User Generated Content and the consequences of Posting or publishing them;
(e) you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant us all of the license rights granted herein; and/or
(f) waive any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated moral rights in a separate agreement). You represent and warrant that your User Generated Content conforms for the purposes of its submission to these Conditions and publication in the Property and the purposes specified above.
14.5 You understand that you own whether or have the necessary rights and permissions includingnot such User Generated Content is Posted, without limitation, all copyrights, music rights and likeness rights (we do not guarantee any confidentiality with respect to any person) contained User Generated Content.
14.6 We do not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content. We do not permit activities which will infringe any Intellectual Property Rights including copyright and we will remove all infringing contents and User Generated Content upon notification that such Content or User Generated Content infringes on another’s Intellectual Property Rights. We further reserve the right to remove any Content without prior notice.
14.7 You understand and agree that we may review and delete any User Generated Content that you Posted at any time without notice, without liability and for any reason whatsoever.
14.8 We reserve the right to investigate and take appropriate legal action, in our sole discretion, against you for the User Generated ContentContent especially if it violates our policy, the Law and report you to the Appropriate Authority.
14.9 If you believe that your work has been copied and Posted in our Property, without the need for payment to your permission or in any other person way that constitutes copyright infringement or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content if you have any form of complaint or grievances in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Bayer’s use and exploitation of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or relation to the User Generated Content against Bayer or Bayer’s licenseesPosted, distributorsplease contact our Customer Service Support.
14.10 You are solely responsible for your interactions with another user. We reserve the right, agentsalthough we have no obligation, representatives to monitor disputes between you and other authorized usersuser, and agree to procure take any action that we feel may be appropriate in our sole discretion, consistent with the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by usersAgreement.
Appears in 1 contract
Sources: Terms of Use
User Generated Content. On, or in connection with, the Platform, Bayer The Software may ask for or allow you to communicatecreate user-generated content, submitthis content could include, upload or otherwise make available textbut is not limited to postings, videoscreenshots, chat, imagesuser generated artwork, or other content (“User Generated Content), which may that can be accessible and viewable viewed by others on the Platform and by others in the public(hereinafter “UG Content”). You agree that neither us, nor any first party platform provider, on which you will not submit any User Generated Content access and/or use the Software, is liable for UG Content. You also agree that is defamatorywe have the right to refuse to post, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographicedit, or otherwise offensive deliver submitted UG Content. We also reserve the right to remove UG Content for any reason. You also agree that we are not responsible or that ▇▇▇▇▇ liable for any failure or can reasonably be expected delay in removing such material. We also reserve the right to harm block any person or entity, whether or not such material is protected by law. With regards user’s access to any User Generated content, website or webpage that we provide at our sole discretion. If you choose to post any UG Content, you agree represent and warrant that you have the right to post said content, and that such content, or its use by us as contemplated by this Agreement does not violate this Agreement, applicable law, intellectual property rights of others, or our Terms of Use. In exchange for the use of the Software, you hereby ▇▇▇▇▇ ▇▇▇▇▇ -1 and/or the platform manufacturer upon which you access and/or use the Software, a non-exclusive, sublicensable, irrevocable and royalty-free free, perpetual, irrevocable, fully transferable, and sublicensable worldwide right and license under all copyrightsto use your contributions, trademarksincluding but not limited to, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment onadapt, modify, transform, adapt, translate, create derivative works based uponfrom, publicly perform, publicly communicatedisplay, make availablepublish, and broadcast, transmit, or otherwise exploit such User Generated Content, in whole or in part, communicate to the public in all media formats and channels now known or later developedthat may be hereafter devised, in for any number of copies and without limit as to time, manner and frequency of usepurpose, without any further notice or compensation to you, without attribution . You hereby waive and relinquish any claim based upon “moral rights” (to the extent this as that term is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you commonly understood) or any other person rights of attribution or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and Bayer, and that you have no expectation of compensation whatsoever (except as may be specifically stated in a separate agreement). You represent and warrant that your User Generated Content conforms to these Conditions and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Bayer to use and exploit, your User Generated Content in all manners contemplated by these Conditions; and you agree to indemnify and hold Bayer harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or integrity in connection with Bayer’s use content submitted to us hereunder. This license grant, and exploitation the above waiver of your User Generated Content resulting from your breach of these Conditions. You also agree to waive and not to enforce any applicable moral rights, ancillary rights or similar rights in or to the User Generated Content against Bayer or Bayer’s licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights. Bayer retains the right to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform, at survives any time and for any reason, including to ensure that the User Generated Content conforms to these Conditions, without prior notice to you. Bayer may terminate your account and access to the Platform if your User Generated Content violates these Conditions, including unlawful postings or content, without prior notice to you. Bayer is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by userstermination of this License Agreement.
Appears in 1 contract
Sources: End User License Agreement (Eula)