4. UPLOADING MATERIAL TO OUR SITE
Whenever you upload material to the Websites, or use the Websites to make contact with other users of the Websites (such related material hereinafter referred to as “User Submissions”) you shall be solely responsible for your own User Submissions and the consequences of uploading them.
You warrant, represent and undertake that: (i) you own or have the necessary licences, rights, consents and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these TOS; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these TOS.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Websites or our (and our successor’s) business, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Websites a non-exclusive licence to access your User Submissions through the Websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites and under these TOS as if it were Content.
You further agree that you will not: (i) submit material that is subject to copyright laws, protected by trade secret or otherwise subject to third party intellectual property or any other proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the licence rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party in any way; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, does not comply with any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
Without affecting the scope of Section 10 of the TOS, we have the right to remove any User Submission uploaded by you and/or terminate your access to the Websites without notice if, in its opinion, such User Submission infringes another’s intellectual property rights or otherwise does not comply with any provision of these TOS.
We also have the right to disclose your identity to any third party who claims that any of your User Submissions infringes their intellectual property rights, or their right to privacy, or to regulatory or law enforcement or other state authorities.
You understand that when using the Websites, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.