CONTENT SUBMISSION AGREEMENT
(Last revised July, 2016)
User Submitted Content. You have the ability to interact with the Site and other users by uploading, providing or contributing content, including, but not limited to, text, video, photographs, comments, depictions and a variety of other submissions, including but not limited to metadata and location information, in any and all available media formats (collectively, “Your Content”). You affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including, but not limited to, the copyright thereto, the right to use names, images and likenesses of any third party referenced or appearing in the Content; (2) none of the materials included in Your Content are defamatory, libelous, obscene, pornographic or violates any law; (3) use of Your Content as provided in this Content Submission Agreement will not violate any legal rights (tangible or intangible) of any third party; and (4) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. DDM reserves all rights and remedies against any Users who violate this Content Submission Agreement.
Ownership of Rights of Your Content. You hereby grant Operator and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicenseable license (the “License”) to sell, license, rent, transfer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, host, edit and prepare derivative works of Your Content in connection with the Site or the conduct of Operator’s business in any formats and through any media channels. Operator may monitor Your Content as it appears on the Site and may edit or delete Your Content at any time and for any or no reason without your permission.
Evidence of Rights. You agree to take any actions, including the execution of documents, reasonably requested by DDM to effect, perfect or evidence the representations and/or licenses and rights set forth in this Content Submission Agreement.
Posting Your Content. You agree to provide accurate current and complete information during the registration process, when contributing Your Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through Your Account as being used by you or someone authorized to act for you. You agree to be liable for any conduct used through Your Account and for any transactions associated with Your Account. You agree that we can rely upon the contact and other information that is supplied to us using Your Account and that we will rely upon such information. You agree and acknowledge that Your Account is non-transferable and non-assignable.
Prohibited Content. In addition to the prohibitions contained elsewhere, you agree not to post or submit to the Site any content or any other materials whatsoever that is:
untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, invasive to another person's privacy or protected data;
infringing on a third party's rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
proprietary and confidential information for which you are not authorized to disclose;
a software virus or any other computer file, program or code designed to interrupt, destroy, or limit the functionality of any computer equipment; or
a robot, spider, scraper or other automated means to access the Site or extract data or gather or use information, such as email addresses, available from the Site.
Eligibility. You represent and warrant that you are at least 13 years old. If you are between the ages of 13 and 18, you are only permitted to submit Your Content with the supervision of your parent or legal guardian, who agrees to be bound by the terms of this Content Submission Agreement.
Indemnification. You will indemnify, defend, reimburse and hold harmless DDM, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of DDM, for, from and against any and all liabilities, claims and expenses of any type or nature, including costs and attorneys’ fees, that arise from: (a) the exercise of the License set forth above; (b)your use of the Site; (c) your violation of the Content Submission Agreement; or (d) any claim that Your Content caused damage to a third party, including without limitation, claims that Your Content infringes the rights of a third party.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DDM, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF DDM, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), THAT RESULT FROM THE USE OF YOUR CONTENT, THE LICENSE, OR THE INABILITY TO USE THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF DDM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Assignment. The Content Submission Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DDM without restriction. Any assignment attempted to be made in violation of this Content Submission Agreement shall be void.
Survival. Upon termination of these Content Submission Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 2, 8, 9, and 10.
Waiver. The failure of DDM to exercise or enforce any right or provision of the Content Submission Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of the Content Submission Agreement will be effective only if in writing and signed by DDM.