Your Content. a. By uploading or posting Content to the HWD Platform, you grant to HWD and its affiliates a limited, royalty‐free, fully paid‐up, world‐wide, non‐exclusive right and license to make such Content available to certain end users of the HWD Platform who satisfy the requisite obligations (including, without limitation, payment of certain fees and compliance with this Agreement) for accessing and using such Content. b. For any Content you upload or post to the HWD Platform, you represent and warrant that (i) you own all right, title and interest in and to the Content, or possess sufficient rights to grant the licenses set forth herein; (ii) HWD will not need to obtain licenses or other legal permission from, or pay any royalties or other compensation to, any third party with respect to the Content; (iii) for any email addresses and other contact information provided by you, (x) HWD is permitted to include such email addresses and other contact information to third parties as part of legally‐required disclosure data and documents, or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companies, or their authorized agents or representatives, to send information regarding the respective association(s), and goods and services available within such association(s); (iv) the Content does not infringe any third party’s rights, including intellectual property and privacy rights; (v) the Content is accurate and not misleading; (vi) the Content does not contain material that is inappropriate, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous or libelous; (vii) the Content does not contain content that is, or may be reasonably considered to be, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (viii) the Content complies with this Agreement and all applicable laws. You acknowledge and agree that HWD is not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, use, user or jurisdiction. HWD reserves the right to remove (or demand that you remove) any Content that HWD determines (in our sole discretion) is in violation of any of the foregoing.
Appears in 1 contract
Sources: End User Agreement
Your Content. a. By The Services may include functionality for uploading or posting providing photos, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”). You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the HWD Platformrights you granted to us in these Terms of Service. You may modify or remove your Content via your iTransact Account or by terminating your iTransact Account, you grant to HWD but your Content may persist in historical, archived or cached copies and its affiliates a limited, royalty‐free, fully paid‐up, world‐wide, non‐exclusive right and license to make such Content versions thereof available to certain end users of on or through the HWD Platform who satisfy the requisite obligations (including, without limitation, payment of certain fees and compliance with this Agreement) for accessing and using such Content.
b. For any Content you Services. You will not upload or post to the HWD Platformprovide Content or otherwise post, you represent and warrant that (i) you own all righttransmit, title and interest in and to the Contentdistribute, or possess sufficient rights to grant disseminate through the licenses set forth herein; Services any material that: (iia) HWD will not need to obtain licenses or other legal permission fromis false, or pay any royalties or other compensation tomisleading, any third party with respect to the Content; (iii) for any email addresses and other contact information provided by youunlawful, (x) HWD is permitted to include such email addresses and other contact information to third parties as part of legally‐required disclosure data and documents, or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companies, or their authorized agents or representatives, to send information regarding the respective association(s), and goods and services available within such association(s); (iv) the Content does not infringe any third party’s rights, including intellectual property and privacy rights; (v) the Content is accurate and not misleading; (vi) the Content does not contain material that is inappropriateobscene, indecent, obscenelewd, pornographic, defamatory, libelous, threatening, harassing, hateful, tortiousabusive, defamatory, slanderous or libelousinflammatory; (viib) the Content does not contain content encourages conduct that iswould be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or may be reasonably considered to bedestructive files; (e) advertises products or services competitive with iTransact’s or its partners’ products and services, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (viii) the Content complies with this Agreement and all applicable laws. You acknowledge and agree that HWD is not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, use, user or jurisdiction. HWD reserves the right to remove (or demand that you remove) any Content that HWD determines (as determined by us in our sole discretion; or (f) in our sole judgment, is in violation objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose iTransact, its affiliates or its customers to harm or liability of any nature. Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of the foregoingyour Content.
Appears in 1 contract
Your Content. a. By uploading or posting Content to the HWD Platform, you grant to HWD and its affiliates a limited, royalty‐free, fully paid‐up, world‐wide, non‐exclusive right and license to make such Content available to certain end users Some areas of the HWD Platform who satisfy Services allow You to post or upload information, text, graphics, or other material (“Content” or, when posted by You, “Your Content”), and to share Your Content with others. You retain ownership of Your Content, but there are many things that users may do with Your Content, for example, copy it, modify it, re-share it, or broadcast it. Blackbaud has no responsibility for that activity. You understand that publishing Your Content on the requisite obligations Services is not a substitute for registering it with the U.S. Copyright Office, the Writers Guild of America, or any other rights organization. Please consider carefully what You choose to share. You agree not to post Content that (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, payment the disclosure of certain fees insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that You know is not correct and compliance with this Agreement) for accessing and using such Content.
b. For current. You agree that any Content you upload that You post does not and will not violate rights of any kind, including without limitation any intellectual property rights or post rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in Our sole discretion, violates these provisions. You retain full ownership of Your Content, but You agree to grant to Blackbaud a worldwide, non- exclusive, irrevocable, transferable, perpetual, royalty-free license (with the HWD Platformright to sublicense) to use, you represent copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display, and warrant distribute such Content in connection with providing the Services to You and other users in accordance with Your settings on the Services. In connection with providing the Services, we may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, Services, or media. We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Services including Your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) you own all rightsatisfy any applicable law, title and interest in and to the Contentregulation, legal process, or possess sufficient rights to grant governmental request; enforce the licenses set forth herein; (ii) HWD will not need to obtain licenses or other legal permission fromTerms, or pay any royalties or other compensation to, any third party with respect to the Contentincluding investigation of potential violations; (iii) for any email addresses and other contact information provided by youdetect, (x) HWD is permitted to include such email addresses and other contact information to third parties as part of legally‐required disclosure data and documentsprevent, or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companiesotherwise address fraud, security, or their authorized agents or representatives, to send information regarding the respective association(s), and goods and services available within such association(s)technical issues; (iv) the Content does not infringe any third party’s rights, including intellectual property and privacy rightsrespond to user support requests; or (v) protect the Content is accurate and not misleading; (vi) the Content does not contain material that is inappropriaterights, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous or libelous; (vii) the Content does not contain content that isproperty, or may be reasonably considered to besafety of Blackbaud, hate speechits users, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (viii) the Content complies with this Agreement and all applicable laws. You acknowledge and agree that HWD is not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, use, user or jurisdiction. HWD reserves the right to remove (or demand that you remove) any Content that HWD determines (in our sole discretion) is in violation of any of the foregoingpublic.
Appears in 1 contract
Sources: Terms of Service
Your Content. a. By uploading The Services may include functionality for uploading, or posting providing photos, logos, products, loyalty programs, promotions, advertisements, and related materials or information (“Content”).
b. You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Dealer Pay’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the HWD PlatformServices, or which may expose Dealer Pay, its affiliates or its customers to harm or liability of any nature. Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you grant may be exposed to HWD Content that is offensive, indecent, or objectionable. We take no responsibility and its affiliates a limitedassume no liability for any Content, royalty‐free, fully paid‐up, world‐wide, non‐exclusive right and license including any loss or damage to make such Content available to certain end users any of the HWD Platform who satisfy the requisite obligations (including, without limitation, payment of certain fees and compliance with this Agreement) for accessing and using such your Content.
b. For c. Dealer Pay may disclose information about your use of Services to satisfy any Content you upload or post to the HWD Platformlaw, you represent and warrant that (i) you own all rightregulation, title and interest in and to the Contentgovernment agency request, or possess sufficient rights to grant the licenses set forth herein; (ii) HWD will not need to obtain licenses court order, search warrant, subpoena, or other legal process. Services are encrypted, although it is solely your responsibility to ensure that use of the Services complies with your internal IT and security policies and procedures, including any applicable Federal and State requirements.
d. If you choose "Allow" to allow the Services to use current location, then, you give Dealer Pay and its vendors permission fromto use, or pay any royalties or other compensation to, any third party with respect to the Content; (iii) for any email addresses and other contact information provided by you, (x) HWD is permitted to include such email addresses and other contact information to third parties as part of legally‐required disclosure data and documents, or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companies, or their authorized agents or representatives, to send information regarding the respective association(s)disclose, and goods and services available within such association(s); (iv) display the Content does not infringe any third party’s rightscurrent location of your wireless device in the provision of the Service, including intellectual property geo- tagging your messages and privacy rights; (v) the Content is accurate and not misleading; (vi) the Content does not contain material that is inappropriate, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous or libelous; (vii) the Content does not contain content that is, or may be reasonably considered to be, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (viii) the Content complies with this Agreement and all applicable lawscontent. You acknowledge and agree that HWD Dealer Pay is not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, use, user or jurisdiction. HWD reserves your location information should you choose to publicly disclose it with the right to remove (or demand that you remove) any Content that HWD determines (in our sole discretion) is in violation of any of the foregoingServices.
Appears in 1 contract
Sources: Terms of Service
Your Content. a. By The Services may include functionality for uploading or posting providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”). You are the owner of your Content and we are the custodians. You grant us and our subsidiaries, affiliates, and successors a worldwide, exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services or any other purposes of our business, and the right to sub-license those rights to others. You retain all rights in your Content, subject to the HWD Platformrights you granted to us in these Terms. You may request to modify or delete your Content by writing us at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇ , you grant to HWD but your Content may persist in historical, archived or cached copies and its affiliates a limited, royalty‐free, fully paid‐up, world‐wide, non‐exclusive right and license to make such Content versions thereof available to certain end users of on or through the HWD Platform who satisfy the requisite obligations (including, without limitation, payment Services. You may note that deletion of certain fees and compliance Content may lead to cancellation of your registration with this Agreement) for accessing and using such Content.
b. For us or your access to the Services. Additionally, we may not be able to process your request of correction, updation or deletion, in case the same is not supported by valid documents or data retention if required by the applicable law or law enforcement requests or under any Content you judicial proceedings or it is extremely difficult to implement or risks the privacy of other users. You will not upload or post to the HWD Platformprovide Content or otherwise post, you represent and warrant that (i) you own all righttransmit, title and interest in and to the Contentdistribute, or possess sufficient rights to grant disseminate through the licenses set forth herein; Services any material that: (iia) HWD will not need to obtain licenses or other legal permission fromis false, or pay any royalties or other compensation tomisleading, any third party with respect to the Content; (iii) for any email addresses and other contact information provided by youunlawful, (x) HWD is permitted to include such email addresses and other contact information to third parties as part of legally‐required disclosure data and documents, or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companies, or their authorized agents or representatives, to send information regarding the respective association(s), and goods and services available within such association(s); (iv) the Content does not infringe any third party’s rights, including intellectual property and privacy rights; (v) the Content is accurate and not misleading; (vi) the Content does not contain material that is inappropriateobscene, indecent, obscenelewd, pornographic, defamatory, libellous, threatening, harassing, hateful, tortiousabusive, defamatory, slanderous or libelousinflammatory; (viib) the Content does not contain content encourages conduct that iswould be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or may be reasonably considered to bedestructive files; (e) advertises products or services competitive with ApnaPay’s or its partners’ products and services, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (viii) the Content complies with this Agreement and all applicable laws. You acknowledge and agree that HWD is not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, use, user or jurisdiction. HWD reserves the right to remove (or demand that you remove) any Content that HWD determines (as determined by us in our sole discretion; or (f) in our sole judgment, is in violation objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose ApnaPay, its affiliates or its customers to harm or liability of any nature. Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. ApnaPay may also monitor such Content to detect and prevent fraudulent activity or violations of ApnaPay’s Terms. You understand that by using the foregoingServices, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
Appears in 1 contract
Sources: Terms of Service
Your Content. a. By uploading Artists and Fans may post, upload, or posting Content otherwise contribute content to the HWD PlatformPlatform (which may include, you grant for example, songs, information, playlist or song titles, descriptions and compilations, and/or other types of content) ("User Content"). You promise that, with respect to HWD and its affiliates a limited, royalty‐free, fully paid‐up, world‐wide, non‐exclusive right and license to make such Content available to certain end users of the HWD Platform who satisfy the requisite obligations (including, without limitation, payment of certain fees and compliance with this Agreement) for accessing and using such Content.
b. For any User Content you upload or post to on the HWD Platform, you represent and warrant that (i) : • you own all right, title or have the right to post such User Content; and interest in and to the • such User Content, or possess sufficient rights to grant its use by MuzicSwipe as contemplated by these Terms, does not violate our Community Guidelines (as described below), applicable law, or the licenses set forth herein; (ii) HWD will not need to obtain licenses intellectual property, publicity, personality, or other legal permission rights of others or imply any affiliation with or endorsement of you or your User Content by ▇▇▇▇▇▇▇▇▇▇ or any artist, band, label, entity or individual without express written consent from MuzicSwipe or such individual or entity. If you provide feedback, ideas or suggestions to MuzicSwipe in connection with the Platform (including any User Content) ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize MuzicSwipe to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content. You grant MuzicSwipe a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Platform through any medium, whether alone or pay in combination with other content or materials, in any royalties manner and by any means, method or other compensation totechnology, any third party with respect to whether now known or hereafter created. Aside from the Content; (iii) for any email addresses and other contact information provided by yourights specifically granted herein, (x) HWD is permitted to include such email addresses and other contact information to third parties as part you retain ownership of legally‐required disclosure data and documents, or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companies, or their authorized agents or representatives, to send information regarding the respective association(s), and goods and services available within such association(s); (iv) the Content does not infringe any third party’s all rights, including intellectual property rights, in the User Content. Where applicable and privacy rights; (v) the Content is accurate permitted under applicable law, you also agree to waive and not misleading; (vi) enforce any "moral rights" or equivalent rights, such as your right to be identified as the Content does not contain material that is inappropriateauthor of any User Content, indecentincluding Feedback, obsceneand your right to object to derogatory treatment of such User Content. MuzicSwipe may, pornographicbut has no obligation to, hatefulmonitor, tortious, defamatory, slanderous or libelous; (vii) the Content does not contain content that isreview, or may be reasonably considered to beedit User Content. In all cases, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (viii) the Content complies with this Agreement and all applicable laws. You acknowledge and agree that HWD is not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, use, user or jurisdiction. HWD MuzicSwipe reserves the right to remove (or demand that disable access to any User Content for any or no reason, including User Content that, in MuzicSwipe's sole discretion, violates this Agreement. MuzicSwipe may take these actions without prior notification to you remove) or any third party. Removal or disabling of access to User Content that HWD determines (in shall be at our sole discretion) , and we do not promise to remove or disable access to any specific User Content. You are solely responsible for all User Content that you post. MuzicSwipe is not responsible for User Content nor does it endorse any opinion contained in violation any User Content. As applicable, you agree that you shall make all payments to any third parties necessary for MuzicSwipe's use under this Agreement of any of the foregoingUser Content you provide. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST MUZICSWIPE RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD MUZICSWIPE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Appears in 1 contract
Sources: Terms of Service
Your Content. a. By uploading or posting Content to the HWD Platform, you grant to HWD and its affiliates a limited, royalty‐free, fully paid‐up, world‐wide, non‐exclusive right and license to make such Content available to certain end users Some of the HWD Platform who satisfy the requisite obligations our Products (includingfor example, without limitation, payment of certain fees the Avira Secure Backup and compliance with this Agreementthe Avira Social Network Protection) for accessing and using such Content.
b. For any Content allow you to upload or post submit your own content to the HWD Platforma community where you can communicate with other users (“Your Content”). If Your Content is, indeed, yours and you are not violating another party or entity’s intellectual property rights, you represent retain ownership of any intellectual property rights that you hold in Your Content. For purposes of clarification, the terms governing Your Content apply only to Products governed by these Terms and warrant that Your Content expressly excludes feedback (i) you own all right, title as defined below). You are also solely responsible for the data and interest in and to the Content, or possess sufficient rights to grant the licenses set forth herein; (ii) HWD content stored using our Products. We will not need inspect the data you store, except as unavoidable in order to obtain licenses provide support for your use of our Products or other legal permission from, or pay as allowed by applicable law. We may remove any royalties or other compensation to, any third party illegal data. You agree to follow these rules with respect to the Your Content; (iii) : o Your Content intended for display shall not include any email addresses and other contact information provided by you, (x) HWD is permitted to include such email addresses and other contact information to third parties as part of legally‐required disclosure data and documents, or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companies, or their authorized agents or representatives, to send information regarding the respective association(s), and goods and services available within such association(s); (iv) the Content does not infringe any third party’s rights, including intellectual property and privacy rights; (v) the Content is accurate and not misleading; (vi) the Content does not contain material content that is inappropriateillegal, indecent, obsceneprofane (including masked profanity where symbols, pornographicinitials, hatefulintentional misspellings or other characters are used to suggest profanity), tortiousthreatening, defamatory, slanderous or libelous; (vii) the Content does not contain content that isinvasive of privacy, victimizes, harasses, degrades, or may be reasonably considered to beintimidates an individual or group of individuals on the basis of race, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on raceethnicity, gender, religion, nationalitysexual orientation, disabilityage, sexual orientation or age; disability or is otherwise injurious to third parties, and (viii) that it shall not include software viruses, worms, malware, political campaigning, commercial solicitation, chain letters, mass mailings or any content commonly known as spam. o You shall not use a false e-mail address, impersonate any person or entity, or mislead as to the Content complies with this Agreement and all applicable lawsorigin of Your Content. o You acknowledge and agree shall not submit any content that HWD is infringes in any manner on the patent, copyright, trademark or other intellectual property rights of any person or entity, or that contains any trade secret, confidential or proprietary information of any person or entity or that otherwise violates the legal rights of any person or entity. o We are not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, another user’s use, misuse or misappropriation of Your Content that you provide to us, to a community website or to another user or jurisdictionvia a community website. HWD reserves In general, we reserve the right to remove (deny access or demand remove, screen or edit any content that you remove) any Content violates these Terms or that HWD determines (we find, in our sole discretion) is in violation of any of the foregoing, otherwise objectionable.
Appears in 1 contract
Sources: End User License Agreement
Your Content. a. By The Services may include functionality for uploading or posting providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”). You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the HWD Platformrights you granted to us in these General Terms. You may modify or remove your Content via your DeusPOS Account or by terminating your DeusPOS Account, you grant to HWD but your Content may persist in historical, archived or cached copies and its affiliates a limited, royalty‐free, fully paid‐up, world‐wide, non‐exclusive right and license to make such Content versions thereof available to certain end users of on or through the HWD Platform who satisfy the requisite obligations (including, without limitation, payment of certain fees and compliance with this Agreement) for accessing and using such Content.
b. For any Content you Services. You will not upload or post to the HWD Platformprovide Content or otherwise post, you represent and warrant that (i) you own all righttransmit, title and interest in and to the Contentdistribute, or possess sufficient rights to grant disseminate through the licenses set forth herein; Services any material that: (iia) HWD will not need to obtain licenses or other legal permission fromis false, or pay any royalties or other compensation tomisleading, any third party with respect to the Content; (iii) for any email addresses and other contact information provided by youunlawful, (x) HWD is permitted to include such email addresses and other contact information to third parties as part of legally‐required disclosure data and documents, or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companies, or their authorized agents or representatives, to send information regarding the respective association(s), and goods and services available within such association(s); (iv) the Content does not infringe any third party’s rights, including intellectual property and privacy rights; (v) the Content is accurate and not misleading; (vi) the Content does not contain material that is inappropriateobscene, indecent, obscenelewd, pornographic, defamatory, libelous, threatening, harassing, hateful, tortiousabusive, defamatory, slanderous or libelousinflammatory; (viib) the Content does not contain content encourages conduct that iswould be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or may be reasonably considered to bedestructive files; (e) advertises products or services competitive with Tossadar’s or its partners’ products and services, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (viii) the Content complies with this Agreement and all applicable laws. You acknowledge and agree that HWD is not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, use, user or jurisdiction. HWD reserves the right to remove (or demand that you remove) any Content that HWD determines (as determined by us in our sole discretion; or (f) in our sole judgment, is in violation objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Tossadar, its affiliates or its customers to harm or liability of any nature. Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Tossadar may also monitor such Content to detect and prevent fraudulent activity or violations of Tossadar’s General Terms. You understand that by using the foregoingServices, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
Appears in 1 contract
Sources: General Terms of Service
Your Content. a. By uploading As a user of the Website and the Materials, You acknowledge that You may submit data, material, ideas, concepts, techniques and/or other information to BOS (hereinafter referred to as “User Content”).
b. You specifically acknowledge that BOS would refuse to accept, publish or posting otherwise distribute Your User Content in the absence of Your acceptance of each and all of the provisions of this Agreement. It is understood and agreed that no confidential or fiduciary relationship is established by Your submitting said User Content to BOS hereunder.
c. You retain ownership of the HWD PlatformUser Content that You contribute to the Website and the Materials, you but You hereby grant and agree to HWD and its affiliates ▇▇▇▇▇ ▇▇▇ a limitednon- exclusive, royalty‐freeworldwide, fully paid‐uproyalty-free, world‐wideperpetual, non‐exclusive irrevocable, transferable right and license (with the right to make sublicense), to use, copy, cache, publish, display, distribute, modify, translate, create derivative works from, perform, and store such content and to allow others to do so in order to provide the Website and Materials.
d. By submitting Your User Content available to certain end BOS, You hereby agree that BOS may use and exploit, without any obligation, liability, without attribution, or duty whatsoever to You and without payment whatsoever to You, the User Content, or any part thereof. You agree that nothing contained in this Agreement, nor the fact of Your submission of said User Content to BOS, shall be deemed to form the basis of any right, liability, claim, or demand against BOS or any of BOS’s licensees or any person or entity to whom BOS discloses or allows to use said User Content.
e. You warrant and represent that You are either the author/inventor and owner of the User Content and all rights thereto, or have the exclusive right and authority to submit said User Content to BOS with the full knowledge and consent of the owner(s) of said User Content upon the terms and conditions stated herein, each and all of which shall be binding not only on You but on any and all persons and entities for whom You are acting.
f. You agree and acknowledge that no contract or obligation of any kind, other than those arising pursuant to the express terms of this Agreement, is assumed by BOS or may be implied against BOS by reason of BOS’ use, publication or distribution of the User Content. Specifically, it is understood that neither Your submission of the User Content pursuant to this Article 3, nor BOS’ use, publication or distribution thereof, constitutes or creates an implied-in-fact or implied-in-law contract, even if there exists an industry custom or practice to the contrary.
g. You will indemnify, hold harmless and, at BOS’ request, defend BOS from and against any and all third party claims, expenses losses, damages, or liabilities (including but not limited to attorneys’ fees and punitive damages) that may be asserted against BOS or incurred by BOS at any time in connection with the User Content, your use of the Website, , including but not limited to claims arising from any breach of these Terms or of any representation, promise or warranty given by You herein. You hereby release and hold BOS harmless including any BOS licensees and its other permitted users of the HWD Platform who satisfy User Content of and from any and all claims, demands, and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the requisite obligations (including, without limitation, payment User Content or by reason of certain fees and compliance with this Agreement) for accessing and using such any claim now or hereafter made by You that BOS has used or appropriated the User Content.
b. For ▇. ▇▇▇ does not endorse or take any responsibility for any User Content you upload or post any opinion, recommendation, or advice expressed therein. Under no circumstances will BOS be liable in any way for or in connection with User Content, including, but not limited to, for any inaccuracies, errors, or omissions in any User Content, any intellectual property infringement with regard to the HWD Platform, you represent and warrant that (i) you own all right, title and interest in and to the any User Content, or possess sufficient rights to grant for any loss or damage of any kind incurred as a result of the licenses set forth herein; (ii) HWD will not need to obtain licenses or other legal permission fromuse of any User Content posted, emailed, or pay otherwise displayed or transmitted through the Site. If you believe that you are the owner of any royalties User Content posted by another user without permission, please see Article 6 of this Agreement for the applicable procedures.
▇. ▇▇▇ exercises no editorial review and assumes no responsibility for misleading, fraudulent, defamatory, libelous, threatening, harassing, pornographic, obscene or other compensation toillegal User Content supplied to the Website and the Materials, provided, however, that BOS may take any third party action with respect to the Content; (iii) for any email addresses and other contact information provided by you, (x) HWD User Content that BOS deems in its sole discretion is permitted to include such email addresses and other contact information to third parties as part of legally‐required disclosure data and documents, necessary or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companies, or their authorized agents or representatives, to send information regarding the respective association(s), and goods and services available within such association(s); (iv) the Content does not infringe any third party’s rightsappropriate, including intellectual property and privacy rights; (v) the Content is accurate and not misleading; (vi) the Content does not contain material that is inappropriate, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous or libelous; (vii) the Content does not contain content that is, or may be reasonably considered to be, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (viii) the Content complies with this Agreement and all applicable laws. You acknowledge and agree that HWD is not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, use, user or jurisdiction. HWD reserves the right to remove (or demand that you remove) any Content that HWD determines (in our sole discretion) is in violation deletion of any of the foregoingsuch User Content.
Appears in 1 contract
Sources: Terms of Service
Your Content. a. By The Services may include functionality for uploading or posting providing photos, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”). You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty- free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the HWD Platformrights you granted to us in these General Terms. You may modify or remove your Content via your AdWallet Account or by terminating your AdWallet Account, you grant to HWD but your Content may persist in historical, archived or cached copies and its affiliates a limited, royalty‐free, fully paid‐up, world‐wide, non‐exclusive right and license to make such Content versions thereof available to certain end users of on or through the HWD Platform who satisfy the requisite obligations (including, without limitation, payment of certain fees and compliance with this Agreement) for accessing and using such Content.
b. For any Content you Services. You will not upload or post to the HWD Platformprovide Content or otherwise post, you represent and warrant that (i) you own all righttransmit, title and interest in and to the Contentdistribute, or possess sufficient rights to grant disseminate through the licenses set forth herein; Services any material that: (iia) HWD will not need to obtain licenses or other legal permission fromis false, or pay any royalties or other compensation tomisleading, any third party with respect to the Content; (iii) for any email addresses and other contact information provided by youunlawful, (x) HWD is permitted to include such email addresses and other contact information to third parties as part of legally‐required disclosure data and documents, or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companies, or their authorized agents or representatives, to send information regarding the respective association(s), and goods and services available within such association(s); (iv) the Content does not infringe any third party’s rights, including intellectual property and privacy rights; (v) the Content is accurate and not misleading; (vi) the Content does not contain material that is inappropriateobscene, indecent, obscenelewd, pornographic, defamatory, libelous, threatening, harassing, hateful, tortiousabusive, defamatory, slanderous or libelousinflammatory; (viib) the Content does not contain content encourages conduct that iswould be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or may be reasonably considered to bedestructive files; (e) advertises products or services competitive with AdWallet’s or its partners’ products and services, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (viii) the Content complies with this Agreement and all applicable laws. You acknowledge and agree that HWD is not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, use, user or jurisdiction. HWD reserves the right to remove (or demand that you remove) any Content that HWD determines (as determined by us in our sole discretion; or (f) in our sole judgment, is in violation objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose AdWallet, its affiliates or its customers to harm or liability of any nature. Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of the foregoingyour Content.
Appears in 1 contract
Sources: General Terms of Service
Your Content. You alone are responsible for the content gathered via our online Applications, and the consequences of any such content and postings. You agree not to use our Website or Applications to send or submit materials:
a. By uploading that are false, inaccurate or posting Content to the HWD Platform, you grant to HWD and its affiliates a limited, royalty‐free, fully paid‐up, world‐wide, non‐exclusive right and license to make such Content available to certain end users of the HWD Platform who satisfy the requisite obligations (including, without limitation, payment of certain fees and compliance with this Agreement) for accessing and using such Content.misleading;
b. For any Content you upload or post to the HWD Platform, you represent and warrant that (i) you own all right, title and interest in and to the Content, or possess sufficient rights to grant the licenses set forth herein; (ii) HWD will not need to obtain licenses or other legal permission from, or pay any royalties or other compensation to, any third party with respect to the Content; (iii) for any email addresses and other contact information provided by you, (x) HWD is permitted to include such email addresses and other contact information to third parties as part of legally‐required disclosure data and documents, or to deliver other information to assist respective user groups and other individuals that are involved with related transactions or potential transactions and (y) such email addresses may be used by community management companies, or their authorized agents or representatives, to send information regarding the respective association(s), and goods and services available within such association(s); (iv) the Content does not infringe any third party’s rights's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
c. that violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising);
d. that are libelous, threatening or harassing;
e. that are obscene or contain any kind of pornography;
f. that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
g. that might create liability for us or might cause us to lose (in whole or in part) the Applications of our Internet service providers or other suppliers;
h. that interfere with the ability of others to enjoy our Website;
i. that impersonate any other person or entity, whether actual or fictitious, including intellectual property and privacy rightsimpersonating an employee or consultant of Sales Lead Multiplier Inc.;
j. that link to or include descriptions of goods or Applications that: (i) are prohibited under this Agreement; or (vii) the Content is accurate and you do not misleading; (vi) the Content does not have a right to link to or include;
k. that contain material that is inappropriate, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous or libelous; (vii) the Content does not contain any content that is, or may be reasonably considered to be, hate speech, or promotes bigotry or racism against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (viii) the Content complies with this Agreement and all applicable laws. You acknowledge and agree that HWD is you do not responsible for evaluating or determining whether any Content is appropriate for a particular purpose, use, user or jurisdiction. HWD reserves have the right to remove make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
l. that instigate or demand that encourage others to commit illegal activities or cause injury or property damage to any person. That said, we are most often a passive conduit for the information Users submit. We cannot and do not review every submission a User may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of our Website if we believe you remove) any Content that HWD determines (in our sole discretion) is in violation of are violating any of the foregoingterms of this Subscription Agreement and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.
Appears in 1 contract
Sources: End User License Agreement