Privacy and Legal
User Submission Agreement
IMPORTANT NOTE: You must meet the Age Requirements in Section 2 of this Agreement and each and every time you submit or attempt to submit User Material, among other things, you will be asked to confirm your compliance.
1. Submitting User Material.
2. Age Requirements.
3. User Material Standards; Unauthorized Content.
You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. User Material does not reflect the views of Shockwave or Defy, and neither Defy, nor any of the Affiliates, represents or guarantees the truthfulness, accuracy, or reliability of any User Material, or endorses or supports any opinions expressed in any User Material. In no event shall Defy or the Affiliates have or be construed to have any responsibility or liability for or in connection with any User Material. If we determine, in our sole discretion, you have not met the Age Requirements (see Section 2 above) or if, in our judgment, you or any User Material you submit violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, at law or in equity, to (a) refuse to allow you to submit further User Material, (b) remove and delete your User Material, (c) revoke your registration and right to use the User Material Submission Features and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
We make no claim the User Material Submission Features or any User Material are appropriate for any particular purpose or audience, or that any video, software or our User Material Submission Features may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any User Material including videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.
Â· infringing on a third party's copyright or other intellectual property rights;
causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Site;
Â· unauthorized access to the User Material Submission Features or information of other users;
the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the User Material Submission Features; or
Â· any requirements, rules, terms or conditions that may be applicable to the User Material Submission Features.
Neither Defy nor or the Affiliates control any User Material submitted, although we may use both automated and manual means of reviewing User Material in order to prevent Unauthorized Content from appearing and being displayed on our Site. Defy reserves the right to review any submitted User Material and to delete, remove, move, edit or reject, without notice to you, any User Material that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to Defy or or Affiliates, for any reason or for no reason whatsoever; provided, however, that Defy shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If Defy receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (see Section 4 below), we may remove User Material associated with such claim. Defy reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.
4. Copyright Infringement.
If you believe any User Material violates the copyright of any other party, you can notify us by complying with the procedures set forth in our Copyright Compliance Policy.
5. Rights Granted to Defy.
In connection with all User Material you submit using the User Material Submission Features, you grant to Defy, and the Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Material on the Site and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of Defy, and the Affiliates (collectively, the "Platforms"), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Defy, and Affiliates, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to Defy, and the Affiliates, these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your User Material in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Material; to encrypt, encode and decode, and compress and decompress all or any portion of your User Material; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Material; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Material; and to excerpt and/or extract portions of your User Material in order to host, store, index, categorize and display your User Material on or through the Platforms. By submitting User Material, in addition to the rights, licenses and privileges referred to above, you are also granting Defy, and the Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Platforms, and any products, goods, features, functions, capabilities and/or services associated with Defy, and Affiliates and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Material, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by Defy, and the Affiliates, without limitation or restriction whatsoever. The rights, licenses and privileges described in this Agreement and granted to Defy and the Affiliates shall commence immediately upon submission of your User Material to or through the User Material Submission Features and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by Defy on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither Defy nor the Affiliates shall be required or have any obligation to host, index, display, accept or use any submitted User Material (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and Defy may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any User Material. Once you submit or attempt to submit User Material you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to Defy or or the Affiliates. You are not entitled to and you will not receive any compensation or other consideration for your User Material or any use made of your User Material once submitted. You also understand and agree that neither all or any portion of your User Material, nor any commercial, advertisement, promotional, marketing or other material associated with your User Material, need to be submitted for your approval prior to use. You hereby release Defy and the Affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Material, including, without limitation, any and all liability for any use or nonuse of the your User Material, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. Defy, and the Affiliates have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Material and the rights granted to Defy and the Affiliates hereunder. Defy has the right to license, authorize and/or otherwise enter into agreements and arrangements with the Affiliates to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted or imposed under this Agreement, in whole or in part. To the extent Defy does so, when you submit User Material each such Affiliate shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to Defy hereunder and related thereto as if you had entered into this Agreement with such Affiliate directly.
7. Financial Consideration.
Defy reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Site, the User Material Submission Features or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your User Material may be displayed on or otherwise used by or in connection with the Site, the User Material Submission Features or other Platforms.
9. Disclaimers and Limitation of Liability.
THE USER CONTENT SUBMISSION FEATURES ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE USER CONTENT SUBMISSION FEATURES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR USER CONTENT SUBMISSION FEATURES. Defy EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE OR USER CONTENT SUBMISSION FEATURES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USER CONTENT SUBMISSION FEATURES WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. THE SITE AND USER CONTENT SUBMISSION FEATURES ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE USER CONTENT SUBMISSION FEATURES THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. Defy DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. DEFY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
This Shockwave User Submission Agreement was last modified on 9/18/2014, and is effective immediately.
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