You hereby represent and warrant to Highlighter that your User Generated Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening (including without limitation the threat of physical violence or harm), or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) will not represent you being employed or directly engaged by or affiliated with Highlighter or purport you to act as a representative or agent of Highlighter; and (viii) will not create liability for Highlighter or cause Highlighter to lose (in whole or in part) the services of its ISPs or other suppliers.By making available any User Generated Content through the Site, you hereby grant to Highlighter a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Generated Content on, through or by means of the Site.We do not claim any ownership rights in any such User Generated Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Generated Content. Subject to the following limitations, User Generated Content shall be owned and controlled as follows:If you are the host of a session:
- Is not involved in the creation or development of User Generated Content.
- Disclaims any responsibility for User Generated Content.
- Cannot be liable for claims arising out of or relating to User Generated Content.
- Is not obligated to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Services at its sole discretion.
If you are a participant of a session:
- You shall retain the right to control, use and edit any User Generated Content that you create during any such session.
- You shall retain the right to control, use and edit the User Generated Content of session participants, provided, however, that you agree not to edit or display any such content in any intentionally misleading manner.
- Subject to the host’s rights to such User Generated Content, you shall retain a right to use all User Generated Content that you create during any such session in which you are a participant.