In these terms and conditions, we use the word “Submissions” to mean text, messages, ideas, comments, concepts, testimonies, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, reviews, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through our Websites and Services.
a. Types of Submissions. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions.
“Solicited Submissions” means those Submissions that we expressly request or enable you to provide to us via any feature or activity on our Websites; and that you Distribute on or through our Websites.
“Unsolicited Submissions” are any and all Submissions that do not fall within aforementioned definition of “Solicited Submissions”. We will not accept or consider Unsolicited Submissions so you should not Distribute Unsolicited Submissions on or through our Websites and Services. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work.
In any event, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any Consideration stated and identified in writing).
You hereby consent to the processing of any Personal Data by us in relation to the use of our Websites and Services and Submissions thereto. This Agreement shall serve as documentation of such consent.
b. Web Communities. Your comments, suggestions and information are important to us. Portions of our Websites and Services may provide you and other users an opportunity to participate in forum services, message board, instant messaging, mobile services, blogs, third-party social networking sites, web communities and other message and communication facilities (collectively, “Web Communities”) and may provide you with the opportunity, through such Web Communities or otherwise, to submit, post, display, transmit and/or exchange Submissions, which include without limitation information, ideas, opinions, messages or other information. You acknowledge that the Web Communities and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to any Web Community. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Notwithstanding the foregoing, we will assess the appropriate level of security and implement appropriate safeguards to guard Your Personal Data that is intended to be private, rather than publicly available.
You are and shall remain solely responsible for the Submissions you Distribute on or through our Websites under your username or otherwise by you in any Web Community and for the consequences of submitting and posting same. We have no duty to monitor any Web Community.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Web Community is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Web Community and we specifically disclaim any and all liability in connection therewith.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Submissions in any manner that we may determine.
The amount of storage space on our Websites or Services per user may be limited. Some Submissions may not be processed due to space constraints or outbound message limitations. By using our Websites and Services, you agree and understand these terms and consent to the processing of your Submissions by us. We will safeguard any stored Submissions and employ appropriate security measures for Data Controllers and Data Processors as required by Article 28 and Article 32 of the GDPR.
Distributing Submissions through our Web Communities is for noncommercial purposes only and you may not Distribute in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
c. Registration. In order to engage the Web Communities and Distribute Submissions on our Websites and Services, you must be at least the legal age of majority in your state or country as applicable and you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions. You may also be required register as a user (“User” or “Users”) with us. Your right to register is contingent upon your providing us with true and complete information during the registration process. Your eligibility to register is automatically void where prohibited by law. Commercial businesses may not register with our Websites and Services unless they are pre-approved by us. Your registration will take effect upon our acceptance of your registration form. Other terms and conditions may apply to your registration as posted from time-to-time on our Websites and Services. You may terminate your registration related to Web Communities at any time, for any reason by following the instructions as provided on the applicable web page of our Websites and Services.
d. Commenting Policy. By using our Websites and Services, you agree that you will not Distribute any Submission that:
- is (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages our Websites and Services or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of our Websites and Services; or
- (a) does not generally pertain to the designated topic or theme of the relevant Web Community; (b) violates any specific restrictions applicable to a Web Community, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
e. Disputes between Users. The resolution of disputes that may arise between Users is the sole responsibility of the Users, and we have no liability or obligation with respect to any such disputes.
f. Disclaimer. We cannot and do not assure that all Users are or will be complying with the foregoing Commenting Policy or any other provisions of these terms and conditions of, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from our Websites and Services that violates these terms and conditions of (including the Commenting Policy) and (b) identify any User to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms and conditions of (including the Commenting Policy) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any of our Websites and Services. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. Notwithstanding the foregoing, we will implement security measures to protect any Submissions considered to be Personal Data by the GDPR. In the event that we remove or delete any Submission, we will promptly return to you or destroy any records or copies of Your Personal Data.