- User hereby grants to the Company a non-exclusive, irrevocable, worldwide, royalty free license to use, copy, sublicense through multiple tiers, publish, reproduce, prepare derivative works, distribute, and display the Content, or any derivative works thereof on the Website, social media accounts used by the Company (including but not limited to Instagram, Facebook and Twitter) and any other publications used by the Company (including but not limited to blogs, electronic newsletters and print). Such license shall be deemed granted as of the moment the Content is shared with the Company without the necessity of any further action on the part of either party. User represents and warrants to the Company with respect to the Content that the Content, and the license of rights in and to the Content, do not infringe or violate any copyrights, trade secrets, or other intellectual or proprietary rights of any third party, and that posting and using any Content will not violate any applicable laws, rules, or regulations. User hereby acknowledges that User is not entitled to any compensation or remuneration in exchange for contributing any Content to the Company. User further acknowledges that (while it is not the intent of the Company to sell the Content) it is not entitled to any portion of the proceeds generated to the extent any Content is monetized.
- Limitations. User may not circumvent any technological measures or features of the Website that are intended to or effectively control access to the Website, or any other protected content or information included on the Website. The Website may contain robot exclusion headers. User agrees to not use any robot, spider, crawler, scraper or other automated means to access the Website for any purpose without the Company’s express prior written consent. User further agrees to not (i) take any action that imposes or may impose, in the Company’s sole discretion, an unreasonable or disproportionately large load on the Website’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures the Website may use to prevent or restrict access to the Website. The Company reserves the right to refuse the use of or access to the Website for any User for any reason in the Company’s sole discretion.
- Intellectual Property Ownership.
- Without limiting the generality of this Section 4e, User acknowledges and agrees that the Company may license, or otherwise grant rights in or to the Website, including any and all Content, to any third party for any lawful purpose reasonably deemed appropriate by the Company.
- Links to Other Websites. The Website may contain links to other websites (“Linked Websites”). The Linked Websites are provided for User’s convenience and information only and, as such, User accesses them at its own risk. User agrees and acknowledges that the Company is not responsible for, and does not endorse, the content of or anything that may be delivered to User or User’s computer as a result of accessing any Linked Websites, whether or not the Company is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, the Company is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Website, or by accessing a Linked Website.
- Notification of Potential Infringement.
If any User believes its copyright, trademark or other property rights have been infringed by any Content included or posted on the Website, User should immediately send a notification to the Company’s designated agent (“Designated Agent”), as identified below. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit the Company to locate the material;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), the Company’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. The Designated Agent shall be:
Attn: DMCA Company Representative
Digital Content Group, Inc.
8928 Ellis Ave
Los Angeles, CA 90028
User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, the Company may immediately remove the identified materials from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
Any copyright infringement by Users shall not be tolerated. If any User is a repeat infringer of any copyright, trademark or other proprietary right, the license granted to User in Section 1(b) shall immediately terminate.
- Representations, Warranties, and Covenants. User represents, warrants, and covenants the following:
- User has all rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Content it submits.
- User shall not knowingly submit any information that is false or misleading, including any Content with any false or misleading information.
- User shall not use its account to breach the security or gain access to the account of any other User.
- If any graphical Content includes any persons, or the likeness or image of any person, User has obtained the written consent of each such person to the display of the person’s likeness or image in the graphic, including a waiver of all applicable publicity rights, and delivered a copy of such consent to the Company.
- There is no claim, litigation or proceeding pending or threatened with respect to the Content submitted by User.
- User shall not use the Website to post or transmit unsolicited email or spam to any other party, including other Users.
- User is at least eighteen (18) years old.
- Limitation of Liability.
WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
WITHOUT LIMITING THE FOREGOING, USER ACKNOWLEDGES AND AGREES THAT THE COMPANY DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE WEBSITE AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT USER’S OR OTHER THIRD PARTIES’ CONNECTIONS TO THE INTERNET, OR PORTIONS OF THE INTERNET. ALTHOUGH THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, THE COMPANY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
If to User:
At User’s street address or e-mail maintained by the Company.
If to the Company:
Digital Content Group, Inc.
8928 Ellis Ave
Los Angeles, CA 90028
- Content means all data and content, including without limitation, all photographs, images, graphics, video recordings, drawings, written descriptions, remarks, and narratives submitted by Users to the Website.