6. Holdbacks and Restrictions
Subject to Company’s Terms herein, any communication or material that you transmit to the Website or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all ownership rights to the User Content, you grant us (including our employees and affiliates), a non-exclusive, perpetual, royalty-free, and worldwide right (but not the obligation) to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used, and including the right to sublicense such rights in the User Content to third parties.
User acknowledges that in connection with Company’s provision of the Services and certain analytical and evaluative functions related thereto, Company may collect and utilize certain aggregated statistical information and data (the “Aggregated Data”). User further acknowledges that such Aggregated Data may include User Content. User grants to Company a worldwide, non-exclusive, royalty-free, irrevocable license to use, modify, distribute and create derivative works from the Aggregated Data in connection with the Services until perpetuity.
You are solely responsible for any User Content, comments, content, or posts you leave on the Website. By posting information on the Website, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Website, you agree that you will not post User Content, comments, content, messages, links, code or other information that:
a.Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
f. Breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Website, or attempts to gain access to other network or server via your account on this Website; or
g. Impersonates any person or entity, including any of our employees or representatives.
Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Website. The Company does not pre-screen, police or monitor comments posted on the Website, Company and its agents reserve the right to remove any and all User Content uploaded or submitted that Company feels does not comply with these Terms or any other rules for our Website, or that are otherwise harmful, objectionable, or inaccurate, in Company’s sole discretion. Company is not responsible for any failure or delay in removing such postings.
As a condition of use of the Website, the User undertakes, and agrees that:
a. You shall not use the Website for any purpose that is unlawful or prohibited by these Terms.
b. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur as a result of or while you access the Website.
c. Any licenses granted by Company terminate if you do not comply with these Terms.
d. You assume all responsibility and risk for the use of this Website and the internet generally.
e. This Website is provided by Company on an “AS IS” basis and Company makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website, to the fullest extent permissible by applicable law.
f. Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.