(Page 2 of 3 - continued from previous page)
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the SoundsReal Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the SoundsReal Service or otherwise as prohibited under this Agreement.
D. You may access SoundsReal Content, User Submissions and other content only as permitted under this Agreement. SoundsReal reserves all rights not expressly granted in and to the SoundsReal Content and the SoundsReal Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the SoundsReal Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SoundsReal Website or the Content therein.
G. You understand that when using the SoundsReal Website, you will be exposed to User Submissions from a variety of sources, and that SoundsReal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SoundsReal with respect thereto, and agree to indemnify and hold SoundsReal, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.6. Your
User Submissions and Conduct - A. As a SoundsReal account holder you may submit audiovisual content ("User Pictureshows") and textual content ("Notes"). User Pictureshows and Notes are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, SoundsReal does not guarantee any confidentiality with respect to any User Submissions. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize SoundsReal to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to SoundsReal, you hereby grant SoundsReal a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the SoundsReal Website and SoundsReal's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the SoundsReal Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SoundsReal Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the SoundsReal Service. You understand and agree, however, that SoundsReal may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in Notes are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SoundsReal all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the SoundsReal Acceptable Use Policy, found at http://www.SoundsReal.com/legals/acceptable_use_policy, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. SoundsReal does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SoundsReal expressly disclaims any and all liability in connection with User Submissions. SoundsReal does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SoundsReal will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SoundsReal reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy - A. SoundsReal will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. SoundsReal reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SoundsReal may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New South Wales, Australia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
This is page 2 of 3 pages - NEXT PAGE PREVIOUS PAGE