11. Content Posted By You in Services
You are solely responsible for the content and information you post, upload, publish, link to, transmit, record, display, stream, or otherwise make available (collectively termed hereinafter as "Post") on the Services or Application, or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly or privately transmitted or Posted (collectively, "Content").
You represent and warrant that:
(i) all information that you submit upon creation of your account, including information submitted from your aforementioned third party login, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and
(ii) you have the right to Post the Content on the Services and grant the licenses set forth below.
The Company prohibits copyright infringement or the infringement of other intellectual property rights through the Services or Application.
The Company respects the copyright and other rights of content owners and requires you to do the same when using the Services or Application.
Accordingly, you understand that all Content you stream through the Services or Application is your sole responsibility.
You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to stream any Content on, through or to the Services or Application.
You further agree that Content you stream, through or to the Services or Application will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have the necessary permissions from the rightful owner of the material.
In particular, and without limitation, before streaming Content through the Services or Application which originates from a third party website, application or service, you must first ensure that you have the right to do so in accordance with the terms and conditions for such website, application or service.
c. Content Review
You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of the Services or Application.
The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Services or Application, or the Company.
d. Data Usage
By Posting Content as part of the Services or Application, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to
(i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content limited only by the laws governing the data rights of your geographic region,
(ii) prepare derivative works of the Content or incorporate the Content into other works, and
(iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
You represent and warrant that any Posting and use of your Content by the Company will not infringe or violate the rights of any third party.
e. Prohibited Content
The following is a partial list of the kind of Content that is prohibited in the Services.
The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates the following provisions, including removing the offending communication from the Services and/or Application, and terminating or suspending the account of such violators.
You may not Post as part of the Services, or transmit to the Company or any other user (either on or off the Services) content that:
(i) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) advocate for any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity)
(iii) requests money from, or is intended to otherwise defraud, other users of the Services;
(iv) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
(v) promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
(vi) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
(vii) contains video, audio photographs, or images of another person without his or her permission. Media of any kind containing minors are strictly forbidden;
(viii) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(ix) provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
(x) provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
(xi) contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
(xii) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
(xiii) provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
(xiv) disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
(xv) solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
(xvi) publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
f. Applicable Laws and Regulations
Your use of the Services and Application, including all Content you Post through the Services must comply with all applicable laws and regulations.
You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
(i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service or allow you to use the Services in the future; or
(v) protect the rights, property or personal safety of the Company or any other person.