4. User Generated Content
4.1 User generated content. “user generated content” means any and all information and content that a user submits to, or uses with, the site. You are solely responsible for all of your user generated content. You assume all risks associated with use of your user generated content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your user generated content that personally identifies you or any third party. You hereby represent and warrant that your user generated content does not violate our acceptable use policy (defined in section 5.3). You may not represent or imply to others that your user generated content is in any way provided, sponsored or endorsed by company. Because you alone are responsible for your user generated content, you may expose yourself to liability if, for example, your user generated content violates the acceptable use policy. Company is not obligated to backup any user generated content, and your user generated content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your user generated content if you desire.
You hereby grant (and you represent and warrant that you have the right to grant) to company a worldwide, non-exclusive, irrevocable, royalty-free, transferable and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your user generated content solely for the purposes of including your user generated content in the site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your user generated content.
4.2 Acceptable use policy.
The following terms constitute our “acceptable use policy”:
(a) You agree not to use the site to collect, upload, transmit, display, or distribute any user generated content (i) that violates 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; (ii) that is unlawful, harassing, abusive, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the site (or to other computer systems or networks connected to or used together with the site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the site; or (vi) use software or automated agents or scripts to produce multiple accounts on the site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
If you provide company with any feedback or suggestions regarding the site (“feedback”), you hereby assign to company all rights in such feedback and agree that company shall have the right to use and fully exploit such feedback and related information in any manner it deems appropriate. Company will treat any feedback you provide to company as non-confidential and non-proprietary. You agree that you will not submit to company any information or ideas that you consider to be confidential or proprietary.