Users may submit content for publication on Buzzativ. Any submission is subject to the following Terms and Conditions and must comply with the applicable guidelines:
1. USER SUBMISSIONS
You may submit pictures or video content (“User Pictures”) and textual content, including but not limited to comments (“User Comments”) to Buzzativ via upload or submission functions on the Websites or third-party websites used by Sidetrack Media Private Limited, via email to email@example.com, or via Mobile Services. User Pictures, User Comments, and all Material and IP Rights therein are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Sidetrack Media Private Limited does not guarantee and disclaims any confidentiality concerning any User Submissions. You grant Sidetrack Media Private Limited the right to edit and/or modify any User Submissions. Sidetrack Media Private Limited reserves the right to not use the User Submissions at all and/or to use as much or as little of the User Submissions as deemed appropriate. Some of the Websites are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Sidetrack Media Private Limited may place any and all advertising and promotions on the Websites or on, about, around, incorporated into, or in conjunction with your User Submissions. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you. You must be 18 years old or the age of majority in your jurisdiction of residence (whichever is greater) to submit User Submissions to the “Hotness” or “NSFW” categories. By posting to those categories, you agree you are of legal age.
2. YOUR RESPONSIBILITIES FOR USER SUBMISSIONS
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions and all Material used, contained, displayed, featured, incorporated, or appearing therein or related thereto, you affirm represent, and warrant that:
You own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all IP Rights, to use and publish your User Submissions and to license your User Submissions to Sidetrack Media Private Limited and/or Buzzativ.com;
You have secured all rights, licenses, and permissions to use and to license to Sidetrack Media Private Limited and/or Buzzativ.com, any and all works Material owned by any third party, used or appearing in or in connection with your User Submissions;
You own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all rights relating to the name, image, likeness, right of privacy, and right of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license your User Submissions to Sidetrack Media Private Limited and/or Buzzativ.com — and further that any such person is at least 18 years old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if that person is younger than the greater of 18 years or the age of majority, you have received such permission from that person’s parent or legal guardian; and
Your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity.
In addition, you may not submit any unlawful, harmful, abusive, or harassing video that constitutes inherently dangerous activities or threatens your safety or the safety of any other person. Further, you authorize and license Sidetrack Media Private Limited and/or Buzzativ.com to use all IP Rights and all Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Websites and these Terms.
3. YOUR LICENSE TO SIDETRACK MEDIA PRIVATE LIMITED
For clarity, you retain all of your ownership or licensed rights in your User Submissions. However, by submitting User Submissions to Sidetrack Media Private Limited, without any payment, compensation, or consideration due, payable, or accruing to you at any time, you hereby agree as follows:
You grant to Buzzativ.com, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, sublicense to third parties, display, edit, telecast, rerun, syndicate, print, perform, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in connection with: the Websites; any products or services offered by Sidetrack Media Private Limited, Buzzativ.com or its licensees; any commercial or non-commercial purposes; and in any other manner relating to Sidetrack Media Private Limited or Buzzativ.com’s businesses, including without limitation, for advertising, marketing, promoting, and of redistribution all or a portion thereof;you grant each user of the Websites a non-exclusive license to access your User Submissions through the Websites, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the websites and under these Terms;
You waive any claims you may have based on any usage of User Submissions or the works derived therefrom, including but not limited to claims for infringement, invasion, misappropriation, or violation of IP Rights or Personal Rights;
You grant Buzzativ.com and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license the right to use the name that you submit in connection with such User Submissions if they choose. You understand and agree, however, that Sidetrack Media Private Limited or Buzzativ.com may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted.
The above licenses granted by you terminate within a reasonable time after your User Submissions are removed or deleted from the Websites if so removed or deleted.
4. USER SUBMISSION CONTENT RESTRICTIONS
You agree not to post, email, or otherwise make available any User Submissions that:
Are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors in any way;
Harass, degrade, intimidate, or are hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
Impersonate any person or entity, including, but not limited to, a Sidetrack Media Private Limited employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Include personal or identifying information about another person without that person’s explicit consent;
Are false, deceptive, misleading, deceitful, or misinformative;
Infringe on or violate any IP Rights, Personal Rights, or other proprietary rights of any party;
You do not have a right to make available under any law or under contractual or fiduciary relationships;
Constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
Contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of the Websites or any computer software, hardware, or telecommunications equipment;
Disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Websites or that otherwise negatively affects other users’ ability to use the Websites;
Employ misleading email addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Websites; or
Violate any applicable civil or criminal laws or regulations, or promote any illegal activity.
5. NO VIOLATION OF THIRD PARTY RIGHTS
In connection with User Submissions, you further agree you will not submit any User Submission that is subject to a third party’s copyright, protected by a third party’s trade secret, or otherwise subject to third party proprietary rights, including IP Rights and Personal Rights unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sidetrack Media Private Limited and Buzzativ.com, all of the licenses granted herein.
6. SIDETRACK MEDIA PRIVATE LIMITED’S DATA PRACTICES
You acknowledge that Sidetrack Media Private Limited or Buzzativ.com may establish general practices and limits concerning the use of the Websites, including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Websites and the maximum storage space that will be allotted on Sidetrack Media Private Limited or Buzzativ.com’s servers on your behalf. You agree that Sidetrack Media Private Limited or Buzzativ.com have no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Websites Sidetrack Media Private Limited and Buzzativ.com reserve the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Websites. Sidetrack Media Private Limited or Buzzativ.com may store deleted User Submissions in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Sidetrack Media Private Limited encourages you to maintain your own backup of your User Submissions. You also acknowledge that Sidetrack Media Private Limited reserves the right to terminate inactive accounts for an extended period of time.
7. SIDETRACK MEDIA PRIVATE LIMITED’S MODIFICATION OF REMOVAL OF USER SUBMISSIONS
Sidetrack Media Private Limited and Buzzativ.com do not control User Submissions posted by users or otherwise made available by other persons and do not have any obligation to monitor such User Submissions. Suppose, at any time, Sidetrack Media Private Limited or Buzzativ.com chooses, in its sole discretion, to monitor the User Submissions. In that case, Sidetrack Media Private Limited and Buzzativ.com nonetheless assume no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions. Sidetrack Media Private Limited and Buzzativ.com do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sidetrack Media Private Limited and Buzzativ.com expressly disclaim any and all liability in connection with User Submissions. Sidetrack Media Private Limited and Buzzativ.com do not permit copyright-infringing activities on their websites. Sidetrack Media Private Limited and Buzzativ.com will remove all Content and User Submissions if properly notified that such User Submission infringes on another’s copyright pursuant to Sidetrack Media Private Limited’s Copyright Policy. Sidetrack Media Private Limited and Buzzativ.com each reserve the right to remove User Submissions without notice.
8. NO ALTERATION OF WEBSITE
You agree not to alter or modify any part of the Websites or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining, or any other means not intentionally made available or provided through the Websites. You must not interfere with or disrupt the Websites, servers, or networks connected to the Websites, including by transmitting any worms, viruses, spyware, malware, or any other code of a disruptive nature. You may not inject content, code, or otherwise alter or interfere with the way in which any Sidetrack Media Private Limited or Buzzativ.com page is rendered or displayed in a user’s browser or device. You agree not to use or launch any automated system — including, without limitation: “robots,” “spiders,” or “offline readers” — that accesses the Websites in a manner that sends more request messages to the Sidetrack Media Private Limited servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use any communication systems provided by the Websites (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions. In your use of the Websites, you will comply with all applicable laws, statutes, and regulations.
9. YOUR FEEDBACK
Suppose you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Websites, Content, or User Submissions (collectively, “Feedback”). In that case, you acknowledge that the feedback is non-confidential and authorize the use of that feedback without restriction and acknowledgment, payment, or other compensation to you. Accordingly, you hereby grant us a perpetual and irrevocable license to use the feedback for any purpose, commercial or otherwise.