8. User-Submitted Ideas, Comments, and Other Content
Information, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same (each, a “Submission”) may be posted within a Forum or otherwise disclosed or made available to Company by you or others through or in connection with the Website. Submissions posted and/or uploaded to the Forums or through the Website may be subject to size and usage limitations. You are responsible for adhering to such limitations.
You must have the legal right to upload, post, or otherwise disclose or make available each Submission before you do so. Company acquires no title or ownership rights in or to any Submission you submit through the Forums, post through the Website, or that is otherwise displayed on the Website. Company is acting only as a host, bulletin board or conduit (and not a publisher) for Submissions. For each such Submission that you submit, upload, or post to the Website, you hereby unconditionally grant to Company and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and fully-paid-up, fully sub licensable (through multiple tiers) license, under any and all such rights, without additional compensation to you or any third party to: (a) host (including without limitation offering other Website users the ability to tag, rate, review and comment on), store, cache, index, archive, crawl, reproduce, distribute, adapt (including without limitation edit, modify, remix, morph, excerpt, alter, translate, and reformat, make, sell, offer to sell, import), copy, scan, create derivative works of, transmit, perform and display (publicly or otherwise), make available to the public and otherwise use and exploit (and have others exercise such rights on behalf of us or our Affiliated Entities, through multiple tiers, to the maximum extent permitted by applicable law) such Submission, any ideas accompanying, related to, or embodied in such Submission, and any materials embodying, incorporating, or derived from such Submission, in any format or media whether now known or hereafter developed or discovered (including without limitation Internet, cable, satellite, and wireless media), for any purpose, including but not limited to any advertising or promotional purposes, developing, manufacturing and marketing products incorporating any aspect of such Submission; (b) exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Submission; (c) use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your Submission. You also hereby grant each user of the Website a non-exclusive license to access your Submission through the Website, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Website and under these Terms & Conditions. To the extent any right you may have in or relating to any Submission cannot be licensed to Company or the Affiliated Entities under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights, and “moral rights” or other rights with respect to attribution of authorship or integrity of materials. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including without limitation all rights of publicity, and that such Submission does not misappropriate, infringe, or otherwise violate any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity. You further represent and warrant that such Submission, and your provision thereof to and through the Website, complies with all applicable statutes, orders, regulations, rules and other laws.