This Content License Agreement was created on 1st June 2017.
- Shevolutionuk.com (The Service)
- Quarx Ltd – The Licensee (The Company)
- The Licensor wishing to submit content for inclusion on Shevolutionuk.com (User)
By submitting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, the Company a royalty-free and cost free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display and make derivative works of all such User Content and your name, voice and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service, unless otherwise agreed by you and Company in writing.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and User Content (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to submit, comments or ideas about the Service, including, without limitation, about how to improve the Service or Company’s products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, that we are free to disclose the Idea on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission of an Idea, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Users who are 18 years of age or older, and submission, use to the Service by anyone under 17 is unauthorized.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Additional Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of it’s submission and publication. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
- You are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
- Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third-party, including, without limitation, any Intellectual Property Rights, privacy rights and rights of publicity.
- Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees or royalties payable under any collective bargaining agreement or otherwise.
Third-Party Websites, Advertisers or Services
You agree to defend, indemnify and hold harmless Company, its members, subsidiaries, other affiliated companies or their respective directors, managers, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from:
- Your use of and access to the Service, including any data or work submitted by you;
- Your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties as set forth herein;
- Your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights;
- Your violation of any law, rule or regulation of England
- Any claim or damages that arise as a result of any of your User Content or any that are submitted by you.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Without limiting the foregoing, to the maximum extent permitted by applicable law, Company, and it’s licensors do not warrant that: (a) the content on the Website is accurate, reliable or correct; (b) the Service will meet your requirements; (c) the Service will be available at any particular time or location, uninterrupted or secure; (d) any defects or errors will be corrected; or (e) the Service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
To the maximum extent permitted by applicable law, Company does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through Company or the Service or any hyperlinked website or service, or featured in any banner or other advertising, and Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Company, its members, affiliates, directors, managers, officers, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Service. Under no circumstances will Company be responsible for any damage, loss or injury resulting from hacking; tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Company assumes no liability or responsibility for any:
- Errors, mistakes or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
- Any unauthorized access to or use of Company’s secure servers and/or any and all personal information stored therein;
- Any interruption or cessation of transmission to or from the Service;
- Any programs, bugs, viruses, Trojan horses, data or the like that may be transmitted to or through the Service by any third-party;
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
- User Content or the defamatory, offensive or illegal conduct of any third-party.
In no event shall Company, its members, subsidiaries, other affiliated companies or their respective directors, managers, employees, contractors, agents, officers and directors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs.
The Service is controlled and operated from facilities in the United Kingdom. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
You agree that:
- The Service shall be deemed solely based in the England;
- The Service shall be deemed a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than the state of England;
- UK national laws shall govern this Agreement.
- This Agreement, together with any other legal notices and agreements published by Company via the Service shall constitute the entire agreement between you and Company concerning the Service.
For any dispute you have with Company, you agree to first contact us and make a good faith, sustained effort to resolve the dispute before resorting to more formal means of resolution.