10.1. The Service may invite You to chat 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 and/or to or via the Services, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any such material You transmit to Us will be treated as non-confidential and non-proprietary.
10.2. You agree that Your User Content is wholly original and You have the requisite rights to Your User Content, including the right to grant all of the rights and licences in these Terms of Service without Us incurring any third party obligations or liability arising out of Our exercise of the rights thereto granted herein by You.
10.3. You grant to Us the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and licence to host, use, copy, distribute, communicate, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
10.4. We have no obligation to monitor or enforce any intellectual property rights that may be associated with Your User Content, but We do have the right to enforce such rights through any means We see fit, including bringing and controlling actions on Your behalf.
10.5. You acknowledge that You do not rely on Us to monitor or edit the Service and that the Service may contain content which You find offensive and You hereby accept that you use and access the Service at your own risk and waive any objections You might have with respect to such content including but not limited to the following:
any offensive comments that are connected to race, religion, belief, national origin, gender, sexual preference or physical handicap;
profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
content which defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
content which promotes violence or describes how to perform a violent act;
contents that violates the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
content which is in violation of these Terms of Service; or
represent any other activity deemed by Us to be in conflict with the spirit or intent of the Service.
10.6. We do not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the Service or its forums and, therefore, We specifically disclaim any responsibility with regard thereto.
10.7. We may reject or delete any text, files, images, photos, video, sounds, or any other materials (“Third Party Content”) posted by You which in Our sole opinion breaches the terms of these Agreements.
10.8. We do not claim any ownership rights in any Third Party Content posted by You. You agree that You are solely responsible for any Third Party Content posted by You under Your Account Name.
10.9. You hereby grant to Us a non-exclusive, royalty-free, worldwide, non-revocable, perpetual licence (including the right to sublicense) to use and to make such copies thereof as We deem necessary in order to facilitate the posting and storage of Your Third Party Content or in connection with any promotions in all media now known or hereinafter developed.
10.10. You warrant to Us that You have full power and authority to grant the licence at clause 10.3 and 10.9 above and that the Third Party Content posted by You:
does not infringe any third party’s intellectual property rights, other proprietary rights or rights of publicity or privacy;
does not violate any law, statute, ordinance or regulation;
is not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
is not obscene or pornographic and do not contain child pornography;
does not violate any laws regarding unfair competition, anti-discrimination or false advertising;
does not constitute any of the types of prohibited Third Party Content as set out in clause 10.12 below) and
does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
10.11. You agree to pay for all royalties, fees or any other monies owed to any third party as a result of You posting any Third Party Content (including but not limited to publishing on a Platform).
10.12. You acknowledge that the following constitutes (but is not limited to) prohibited Third Party Content: Third Party Content which:
is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or exploits, harasses or advocates harassment of any person;
constitutes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
contains nudity, excessive violence, or offensive subject matter or links to any such content;
solicits personal information from anyone under eighteen years of age;
contains information that poses or creates a privacy or security risk to any person;
purports to be endorsed, supported or affiliated by Us;
contains an unauthorised copy of another person’s copyrighted work; and/or
includes a photograph or video of another person that You have posted without that person’s consent.
10.13. All comments, feedback, suggestions, ideas, and other submissions (hereinafter “User’s Input”) disclosed, submitted, or offered to Us in connection with the use of the Service shall be Our exclusive property. You agree that unless otherwise prohibited by law We may use, sell, exploit and disclose the User’s Input in any manner, without restriction and without compensation to You.
10.14. Any violation of this clause 10 may result in removal of the Third Party Content, a suspension of Your use of the Services and/or such other action as may be reasonably required by Us to ensure compliance.