Certain features of the Services may permit you to submit, webcast, upload or otherwise transmit (collectively “Post”) live and pre-recorded streaming of audio and visual works, including, podcasts, blogs, links to third party sites, pictures, photos, video images, audio, reviews and other types of work (including any voice, sound recordings, musical works or third-party content therein); to use Services, such as chat and message boards; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images or other data or materials on the Services (“User Content”).
You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Site Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
(i) If you Post your User Content on the Site or otherwise through the Services, you represent and warrant that:
You own, or have the necessary licenses, rights, consents, and permissions to use and authorize LOVB to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by LOVB and this Agreement, and to grant the rights and license set forth in this Section.
Your User Content, LOVB's use of such User Content pursuant to this Agreement, and LOVB's exercise of the license rights set forth in this Section, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (d) your User Content does not contain any viruses, adware, spyware or harmful or malicious code; (e) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or any confidential information of LOVB or third parties; and (f) your User Conetn does not violate any applicable law or regulation. Should the User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for you use of such features. LOVB reserves all rights and remedies against any users who breach the aforementioned representations.
There is no need for any permission from or payment to any other person or entity, to use, and to authorize us to use, your User Content in all manners contemplated by this Agreement (including the “Submissions License” set forth below);
You are authorized to grant all of the aforementioned rights to the User Content to LOVB and all users of the Service; and
Your User Content and your communication thereof does not violate the “Acceptable Use and User Conduct” (set forth below) and other requirements of this Agreement.
(ii) Submissions License. You grant to LOVB and its affiliates a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable (in whole or in part), assignable, worldwide with the right to grant and authorize sublicenses, under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, to use, reproduce, transmit, perform, display, exhibit, distribute, index, comment on, modify, reformat, create derivative works based upon, perform and otherwise exploit your User Submission, in whole or in part, alone or in combination with other content or material, in all media formats and channels now known or hereafter devised (including by way of example but in no way a limitation, the internet, mobile devices, and through any future means or methods of downloading and/or streaming now known or hereinafter devised) in connection with the Services and LOVB's (and its successor's, transferees', sublicensees' and their respective affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof), all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License"). We cannot be responsible for maintaining your User Content that you provide to us, and we may delete or destroy your User Content at any time. You grant LOVB and its affiliates, transferees and sublicensees (and their respective affiliates) the right to use your name and LOVB account that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Services and this Agreement.
(iii) No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by you with respect to such User Content.
You understand that LOVB shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that LOVB will not be liable for any errors or omissions in any content; and that LOVB cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. You are solely responsible for your User Content. LOVB uses reasonable security measures in order to protect User Content against any unauthorized copying and distribution. However, LOVB does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that LOVB shall not be liable for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY LOVB HEREIN ARE PROVIDED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE THE SECURITY SAFEGUARDS OR CIRCUMVENT SUCH SECURITY MEASURES.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.