User-Generated Content Policy
Last Modified: April 2021
All User Content must comply with the Content Standards set out herein.
By requesting services from Company and providing any User Content to Company, you grant Company, its affiliates and service providers, and each of its and their respective licensees, successors, and assigns, a license to use, reproduce, modify, distribute, and otherwise disclose such User Content as necessary or convenient for Company to perform the requested services.
From time to time, Company may request your permission to Post to third parties your User Content or related User-Based Content. By agreeing to such request, you grant to Company, its affiliates and service providers, and each of its and their respective licensees, successors, and assigns, a license to perform, display, distribute, and otherwise disclose to third parties such User Content and User-Based Content.
You represent and warrant that:
you own all User Content you provide to Company or you otherwise have the right to grant to Company the licenses granted above, as applicable; and
all of the User Content you provide to Company does and will comply with all Applicable Terms.
You understand and acknowledge that you are responsible for all of your User Content and that you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Company is not responsible, or liable to you or any third party, in any way for any User Content provided by you or any other person or any related User-Based Content.
2. Monitoring and Enforcement; Termination
Company has the right to:
remove or refuse to Post any User Content or User-Based Content for any or no reason in its sole discretion;
take any action with respect to any User Content or User-Based Content that it deems necessary or appropriate in its sole discretion, including if Company believes that it violates any Applicable Term, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of others, or could create liability for Company;
disclose your identity or other information about you to any third party who claims that your User Content or related User-Based Content violates any of their rights, including any intellectual property right or their right of publicity or privacy;
take appropriate legal action (including, without limitation, referral to law enforcement) for any illegal or unauthorized use of a Site or any use of a Site in violation of any Applicable Term; and
terminate, suspend, or block your access to all or part of a Site for any or no reason (including, without limitation, any violation of any Applicable Term).
Without limiting the foregoing, Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone providing User Content. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATION BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
3. Content Standards
These content standards apply to any and all User Content. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
infringe or violate any patent, trademark, trade secret, copyright, or other intellectual property or other right of any person (including the right of publicity or privacy);
contain confidential or proprietary information of any other person;
contain any material that could give rise to any civil or criminal liability under any applicable law or regulation or that otherwise may be in conflict with any Applicable Term;
contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or unlawful; or
contain harmful content such as malware, viruses, trojan horses, worms, logic bombs, time bombs, or other material that is malicious or technologically harmful.
4. Reporting Claims of Copyright Infringement
Company takes claims of copyright infringement seriously. Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from a Site infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to: email@example.com
Please be aware that if you knowingly materially misrepresent that material or activity on a Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
5. Repeat Infringers
It is Company’s policy in appropriate circumstances to disable, block, or terminate the accounts of users who are repeat infringers of this Policy (including, without limitation, with regard to allegations of copyright infringement).
You agree to defend, indemnify, and hold harmless Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of any Applicable Term, your use of a Site, or any of your User Content or related User-Based Content.
7. Governing Law
Any matter between you and Company relating to any Site or any related Applicable Term (including this Policy), your User Content or any related User-Based Content, or any dispute or claim arising from or related to any of the foregoing (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding between you and Company arising out of, or related to, any Site or any related Applicable Term (including this Policy) or your User Content or any related User-Based Content shall be instituted and maintained exclusively in the Twelfth Judicial Circuit in and for Sarasota County, Florida, located in the City of Sarasota, or the United States District Court for the Middle District of Florida located in the City of Tampa, although Company retains the right to bring any suit, action, or proceeding against you in your country or state of residence or any other relevant country or state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9. Waiver and Severability
No waiver by Company of any term or condition set forth in any Applicable Term shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under any Applicable Term shall not constitute a waiver of such right or provision.
If any provision of this Policy or any other Applicable Term is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, a suitable and equitable provision will be substituted therefor to carry out the original intent as closely as possible, and the remaining provisions will continue in full force and effect.