Last update: January 25, 2020
Age Requirement for all Users. The Service is not intended for, and should not be used by, anyone under the age of 18. You are responsible for ensuring that all Users are at least 18 years old.
Except as otherwise expressly permitted in these Terms, you will not: (a) reproduce, modify, adapt or create derivative works of the Service; (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the Service to a third party; (c) use the Service for the benefit of any third party; (d) incorporate any Service into a product or service you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the Service intended to limit your use;
User Generated Content License Agreement
In consideration for our use and/or distribution of your content, including but not limited to images, text, photographs, videos or other intellectual property included thereon (the “User Content”), you hereby acknowledge and agree that once the Service uses or distributes any of the User Content via our promotional channels, you shall be bound by these UGC Terms. By agreeing to these UGC Terms you are providing the Service with your permission to use your User Content in accordance with these UGC Terms. If you are entering into this Agreement on behalf of an organization, you represent that you have the authority to do so.
The Service reserves the right to modify these UGC Terms without advance notice by posting a revised version of these UGC Terms, which modifications will be effective immediately. Accordingly, you should review the UGC Terms on a regular and frequent basis.
User Content License
You shall at all times retain ownership of your User Content. You hereby grant to the Service and its executives, employees, affiliates, related companies, agents, licensees, sublicensees, brand partners, production partners, contractors, successors, legal representatives, assigns, third-party service providers and their respective brand partners, marketing or public relations agencies and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right and license to use, publish, broadcast, transmit, distribute and re-post (i) your User Content and (ii) your username, image, likeness or other identifying information (“Name and/or Likeness”) as the same appears in connection with your User Content, in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.
The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. No use of the User Content or your Name and/or Likeness related to the User Content need be submitted to You for any approval for use by the Licensed Parties.
Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
1. you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
2. you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
3. you will not forward chain letters through the Service;
4. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
5. you will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or is fraudulent, misleading or otherwise unlawful or violates any law;
6. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
7. you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, its systems or to other members' systems in any way; and
8. you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
Terms that apply to Your Data
Using Your Data to provide the Service to You. You retain all right, title and interest in and to Your Data in the form submitted to the Service. Subject to these Terms, and solely to the extent necessary to provide the Service to you, you grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display Your Data.
Your Data Compliance Obligations. You and your use of Service must comply at all times with these Terms, and all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to submit all Your Data to the Service and to grant the rights granted to us in these Terms and (ii) Your Data and its submission and use as you authorize in these Terms will not violate (1) any Laws, (2) any third-party intellectual property, privacy, publicity or other rights, or (3) any of your or third-party policies or terms governing Your Data.
No Prohibited Sensitive Personal Information. You will not submit to the Service any Sensitive Personal Information unless its processing is expressly supported as a feature of the applicable Service in the applicable Documentation.
Your Indemnity. You will defend, indemnify and hold harmless us (and our Affiliates, officers, directors, agents and employees) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from any claim arising from or related to (i) your breach of Section 2.3 (End User Consent) or any claims or disputes brought by your End Users arising out of their use of Service, (ii) your breach (or alleged breach) of Sections 5.2 (Your Data Compliance Obligations) or 5.3 (No Prohibited Sensitive Personal Information); or (iii) Your Materials. This indemnification obligation is subject to you receiving (a) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (b) the exclusive right to control and direct the investigation, defense or settlement of such claim and (c) all reasonable necessary cooperation by us at your expense.
Removals and Suspension. We have no obligation to monitor any content uploaded to the Service. Nonetheless, if we deem such action necessary based on your violation of these Terms, including Our Policies, or in response to takedown requests that we receive following our guidelines for Reporting Copyright and Trademark Violations, we may (1) remove Your Data from the Service or (2) suspend your access to the Service. We will use reasonable efforts to provide you with advance notice of removals and suspensions when practicable, but if we determine that your actions endanger the operation of the Service or other users, we may suspend your access or remove Your Data immediately without notice. We have no liability to you for removing or deleting Your Data from or suspending your access to any Service.
Using third-party products
Third-Party Products. You may choose to use or procure other third party products or services in connection with the Service.. Your receipt or use of any third party products or services is subject to a separate agreement between you and the third party provider. We are not responsible for any access to or use of Your Data by third party providers or their products or services, or for the security or privacy practices of any third party provider or its products or services. You are solely responsible for your decision to permit any third party provider or third party product or service to use Your Data. It is your responsibility to carefully review the agreement between you and the third party provider, as provided by the applicable third party provider. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDERS OR VENDORS.
Warranties and Disclaimer
WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED THE SERVICE IS PROVIDED “AS IS,” AND WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE SERVIVE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE SERVICE NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
Limitation of Liability
EXCEPT FOR EXCLUDED CLAIMS (AS DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Changes to these Terms. We may modify the terms and conditions of these Terms (including Our Policies) from time to time by posting the modified Terms on our website. Together with notice, we will specify the effective date of the modifications.
In case you have any questions please feel free to contact us at firstname.lastname@example.org.