Your License to Company. The Service may provide you with an opportunity to share and upload, or submit to public forums, contests, sweepstakes, programs or other aspects of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “User Content”). You hereby grant Company and its users a non-exclusive, irrevocable, perpetual and worldwide license to use, adapt, republish, copy, store, sell, distribute, communicate to the public, perform and distribute your User Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed, without payment or compensation to you and without seeking any further approval from you, as part of the Service or in support of the Service through advertising and marketing.
You are solely responsible for the User Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any content you access from other users of the Service.
Without limitation, you will not post or transmit to other users any User Content that:
is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
violates any party’s right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual;
promotes or encourages violence or contains sexually explicit material;
is inaccurate, false or misleading in any way;
is illegal or promotes any illegal activities;
contains personal information of any party such as phone numbers, addresses, car registration numbers etc;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You understand that when using the Service, you will be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.
From time to time certain aspects of the Service may involve voting through a variety of mechanisms potentially including web-based and/or mobile voting. Company reserves the right to adjust the outcome of any voting associated with the Service if it believes, in its sole discretion, that any mechanism of fraud, abuse, or automated voting has influenced the result. Furthermore, Company will consider the outcome of voting in association with the Service, but may use other factors in addition to voting to determine various aspects of the Service associated with voting.
Subject to the limitations in connection with the Non-Excludable Guarantees (as set forth below), the Service, including all content made available on or accessed through the Service, is provided “as is” and Company makes no representations or warranties of any kind whatsoever in connection with the Service or the content on the Service.
For users located in Australia: Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the Non-Excludable Guarantees, Company excludes any representations, warranties, undertakings or conditions implied by statute, general law or custom. Company does not warrant that the functions contained in the Service or any materials or content contained therein will be completely secure, readily available, uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components.
For all other users: Company excludes any express or implied representations, warranties, undertakings or conditions, including, without limitation, non-infringement, title, fitness for a particular purpose, or satisfactory quality to the fullest extent permissible by law. Company does not warrant that the functions contained in the Service or any materials or content contained therein will be completely secure, readily available, uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components.
Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration (conducted in English) with one arbitrator in accordance with the rules of the American Arbitration Association in French. If travelling to French is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party. You also acknowledge and understand that, with respect to any dispute with Company arising out of or relating to your use of the Service, you are waiving your right to have a trial by jury; and you are waiving your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.
Infringement Notice. Materials may be made available via the Service by third parties not within our control. Company is under no obligation to, and does not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, Company respects the intellectual property rights of others. It is Company’s policy not to permit materials known by it to infringe another party’s intellectual property rights to remain on the Service.
If you believe any materials on the Service infringe third party intellectual property rights, you should provide Company with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
All take down notices should be sent to email@example.com
It is Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the intellectual property rights of others.
Contact Information. Should you have any questions please contact firstname.lastname@example.org.
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