You acknowledge that the
Licensor may periodically collect and use technical data and related information about your device,
system, and application software, and peripherals, offer product support, facilitate the software updates,
and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor
may also use this information to improve its products or to provide services or technologies to you, as
long as it is in a form that does not personally identify you.
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6. USER-GENERATED
CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality, and may provide you with
the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content
and materials to us or in the Licensed Application, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through
third-party websites or applications. As such, any Contributions you transmit may be treated as nonconfidential and non-proprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
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1. The creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your
Contributions in any manner contemplated by the Licensed Application and this License
Agreement.
3. 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 or each and every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Licensed Application and this License
Agreement.
4. Your Contributions are not false, inaccurate,
or misleading.
5. Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
6. Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
8. Your
Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to
promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third
party.
11. Your Contributions do not violate any applicable
law concerning child pornography, or otherwise intended to protect the health or well-being of
minors.
12. Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.
13. Your Contributions do not otherwise violate, or
link to material that violates, any provision of this License Agreement, or any applicable law or
regulation.
Any use of the Licensed Application in violation of the foregoing
violates this License Agreement and may result in, among other things, termination or suspension of your
rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your
Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed
Application by linking your account from the Licensed Application to any of your social networking
accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive,
store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for any purpose, commercial
advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as
Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights
have not otherwise been asserted in your Contributions.
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 area in the Licensed Application. You are
solely responsible for your Contributions to the Licensed Application and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed
Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
8.
LIABILITY
8.1 Licensor's
responsibility in the case of violation of obligations and tort shall be limited to intent and gross
negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall
also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable,
contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or
health.
8.2 Licensor takes no
accountability or responsibility for any damages caused due to a breach of duties according to Section 2
of this License
Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed
Application to the extent allowed by applicable third-party terms and conditions of use. You are aware
that in case of alterations or manipulations of the Licensed Application, You will not have access to the
Licensed Application.
9.
WARRANTY