By submitting, posting, uploading or otherwise transmitting or making available on or to the Site or Lapcos Social Media: (i) any photograph, image, graphic, visual material, link, text, music, audio, video, information, code, comment or other content or material (collectively, “Content”); or (ii) any feedback, ideas, reviews or suggestions for improvement regarding the Site or Lapcos’s products or services (collectively, “Feedback”), you hereby agree to, acknowledge and understand as follows and hereby grant the following rights and permissions to Lapcos and Lapcos’s parent company, affiliates, subsidiaries, licensees, successors and/or assigns, and to each of Lapcos’s and such entities’ managers, officers, employees, agents and representatives, and those acting with their authority and permission (collectively, “Affiliates”) with respect to any of your Content or Feedback, regardless of the form or method you choose to submit any such Content or Feedback:
A. Submission of Content and Feedback is Voluntary.
Your submission, posting, uploading and/or other transmittal of Content or Feedback to the Site or any “Lapcos Social Media” is entirely voluntary;
B. Use of Content.
Unless otherwise agreed separately in writing, Lapcos does not claim any ownership rights in your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content; provided, however, that by submitting, posting, uploading or making available any Content through the Site or Lapcos Social Media, you hereby grant to Lapcos a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, modify, adapt, distribute, reference, store, reproduce, cache, license, sell, transfer, publicly display or perform, prepare derivative works based upon, transmit, stream, broadcast, combine with other materials and/or otherwise exploit such Content on and through the Site, Lapcos Social Media or any other distribution channels, including but not limited to any third-party distribution channels selected by, but not affiliated with, Lapcos, which may include viral distribution of your Content, in any form, medium or technology now known or later invented or developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You also hereby grant each user of the Site and/or Lapcos Social Media a non-exclusive license to access your Content through the Site and/or Lapcos Social Media, and to use, reproduce, distribute and display such Content as permitted through the functionality of the Site and/or Lapcos Social Media. You hereby waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “moral rights” or “droit moral” with respect to your Content, and to the results and proceeds thereof as well as any requirement that your name be used in connection with your Content.
C. No Compensation for Content or Feedback.
You agree that neither Lapcos nor any Lapcos Social Media nor any third party distribution channels have any obligation to provide any compensation to you for your Content, your Feedback or the licenses granted herein,Further, you agree to pay all royalties, fees and other funds owing to any person by reason of any use of your Content;
D. Representations & Warranties.
You acknowledge and agree that you are solely responsible for all of your Content and Feedback and you warrant and represent that (i) you are the sole owner and/or author of your Content and Feedback and have the right to disclose the Content and Feedback and grant to Lapcos and its Affiliates the rights to your Content and Feedback granted hereunder; (ii) your Content and Feedback are original and does not violates any applicable law or regulation; (iii) neither your Content nor Feedback encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability, and the posting or publishing of such Content or Feedback will not result in a breach of any contract between you and a third party; (iv) neither your Content nor Feedback is fraudulent, false, misleading or deceptive, nor is it defamatory, vulgar or offensive; (v) neither your Content nor Feedback promotes racism or unlawful discrimination or harassment, is violent or threatening, or promotes unlawful or harmful activities or substances. With respect to any Content or Feedback containing the intellectual property, image, name, likeness, appearance, or other identifying characteristics of any entities or individuals other than you, you have obtained any and all permissions, consents and approvals from such entities or individuals necessary to grant the rights granted to Lapcos & Affiliates hereunder;
E. Release of Lapcos and Affiliates.
You hereby release, discharge, and agree to hold harmless Lapcos and its Affiliates from: (i) any liability by virtue of any modification, blurring, distortion, alteration, or use in composite form, whether intentional or otherwise, that may occur or be produced in the receipt or transfer of any of your Content or Feedback or in any subsequent processing of it, as well as any use or publication of it, including without limitation any claims for libel or violation of any right of publicity or privacy; and (ii) any claim or liability for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, or rights of attribution in connection with any of your Content or Feedback. You understand that your release extends to claims that you do not know or do not expect to exist at the time of agreeing to this release, and you hereby waive the protections of California Civil Code Section 1542, which states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
F. No Obligation to Evaluate or Use Content or Feedback.
You acknowledge and agree that Lapcos has no obligation to use any Content or Feedback. Moreover, Lapcos is not responsible for examining or evaluating Content or Feedback, nor does Lapcos assume any responsibility or liability for any Content or Feedback, including without limitation, for any errors or omissions in any Content or Feedback or for any loss or damage of any kind incurred by you as a result of the use of any Content or Feedback submitted, posted, uploaded or otherwise transmitted or made available via the Site and/or Lapcos Social Media. Lapcos does not guarantee the accuracy, integrity or quality of any Content. By using the Site, you may be exposed to Content or Feedback that is offensive, indecent or objectionable to you. In addition, you acknowledge that Lapcos neither endorses nor is responsible for the accuracy or reliability of any third party comment, opinion or statement on the Site or Lapcos Social Media and Lapcos has no obligation to modify or remove any such comments, opinions or statements.
G. No Confidentiality.
You acknowledge that Lapcos does not agree to maintain the confidentiality of any Content or Feedback, even if the documents or information comprising the Content or Feedback is marked as confidential or you otherwise indicate the confidential nature of the Content or Feedback, except to the extent there is a separate, written confidentiality agreement executed by Lapcos encompassing the Content or Feedback.
H. Removal of Content.
You acknowledge that Lapcos may, at any time and without prior notice, remove or restrict access to any Content, including but not limited to any Content that Lapcos considers, in its sole discretion, to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Lapcos Social Media or the Lapcos brand.
If you wish to remove or delete your Content on the Site, please contact us by email at email@example.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with the Site, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). Lapcos may not be able to process your deletion request if you are unable to provide such information. You should allow up to at least 10 business days to process your removal request.
You acknowledge and recognize that Lapcos has a variety of established product lines, is continually developing new products and/or services, and may currently or in the future be internally developing ideas or information or receiving ideas or information from others that are likely to be similar to your Feedback. Nothing in these Terms will be construed as a representation or inference that Lapcos will not independently develop or authorize the development of products, services, ideas or concepts that may compete with or be similar to your Feedback. Lapcos assumes no fiduciary obligation of any kind with respect to any Feedback that relates to the Site, Lapcos Social Media or Lapcos’s products or services.
You agree that Lapcos assumes no liability in or for your Feedback. You acknowledge and agree that all Feedback will be the sole and exclusive property of Lapcos and you hereby irrevocably assign to Lapcos all of your right, title, and interest in and to all Feedback, including any intellectual property, proprietary or other rights therein.