“Forum” means an area, site or feature offered as part of the System that offers the opportunity for users to post Content (as defined below) for viewing by one or more System users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, and e-mail function.
Any and all works of authorship copyrightable by you and posted by you to the System or a Forum (the “Content”) are submitted under this Forum Agreement. Content means text, messages, ideas, concepts, pitches, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, 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 on or through the System.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Content to a public Forum. The Company cannot guarantee the security of any information you disclose through any of these media. You make such disclosures at your own risk.
You are and shall remain solely responsible for the Content you post and distribute on or through the System under your username or otherwise by you in any Forum and for the consequences of submitting and posting the same. The Company has no duty to monitor any Forum.
The Company owes you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Content you post or distribute through the Forum.
2. CONTENT LICENSE
You hereby grant the Company and its licensees, distributors, agents, representatives and other authorized users a worldwide, transferable, nonexclusive, royalty-free and perpetual license and right to use the Content in connection with the operation of the System and in any and all media of expression including, without limitation, the license rights to use, modify, store, create derivative works of, copy, distribute, transmit, sublicense publicly display, publicly perform, reproduce, edit, translate and reformat the Content, and/or to incorporate the Content into a collective work, as the Company deems appropriate in its sole discretion. The Company may sublicense the rights granted to it in this section to a third-party subcontractor where the Company deems it necessary or advisable to facilitate the Company’s services. The Company reserves the right to excerpt data, compile data, aggregate data and make minor modifications to the data for technical or marketing reasons.
The license granted herein includes license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Content or substituting the lyrics and music in any Content with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on the System and third-party web sites) for any and all purposes, including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
By submitting Content, you represent and warrant that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize the Company to exploit, such Content in all manners contemplated by this Forum Agreement.
You hereby appoint the President and CEO of the Company as your agents with full power to enter into and execute any document and/or do any acts the Company may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Forum Agreement.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Content exist and are not exclusively owned by the Company, you agree not to enforce any such rights against the Company or its licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
4. RULES OF CONDUCT
The Company understands its Forums are intended to facilitate open dialogue. Given the Company’s role in offering these Services, the Company reserves the right to remove any Content at its discretion. As a general matter, you may post content freely on the Forums so long as the Content complies with these Rules of Conduct.
By using the System and a Forum, you agree that you will not post any Content that:
(a) is 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;
(e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including Content that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
(f) infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (3) any confidentiality obligation;
(g) 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);
(h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites;
(i) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted;
(j) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or
(k) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
The Company cannot and does not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of this Forum Agreement. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You may not use the name the Company or any other name, logo, trade or service mark associated with or owned by the Company that suggests, endorses or promotes any product, opinion, cause, political candidate, political activity, or grassroots lobbying effort. Representing or implying your personal opinions are endorsed by the Company or any of its directors, representatives, agents, employees, officers, trustees or affiliated organizations is strictly prohibited.
You agree that you will not knowingly provide misleading or false information. You represent and warrant also that the Content you supply does not violate this Forum Agreement, and that you will indemnify and hold the Company harmless for any and all claims resulting from Content posted or distributed under your username or otherwise by you.
You acknowledge that the Company does not pre-screen the posted Content, but that it shall have the right to remove in its sole discretion any Content from any part of the System or a Forum.
5. REMOVING CONTENT
You understand that all Content and comments posted to the System are the sole responsibility of the individual who originally posted the Content. You understand, also, that all opinions expressed by users of the System are expressed strictly in their individual capacities, and not as representatives of the Company. The Company is not responsible for, and does not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and specifically disclaims any and all liability in connection therewith. You agree that the Company will not be liable, under any circumstances or in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any Content posted on a Forum or the System.
You should be skeptical about information provided by others, and you acknowledge that the use of any Content posted in any Forum is at your own risk.