6. YOUR USE OF PFPWEBHOST LEGAL DEPARTMENT CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of PFPWebHost Legal Department Content and User Content posted to PFPWebHost Legal Department’s corporate websites (i.e., those sites which PFPWebHost Legal Department directly controls or maintains).
The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
PFPWebHost Legal Department Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“PFPWebHost Legal Department Content”), are owned by or licensed to PFPWebHost Legal Department in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. PFPWebHost Legal Department Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of PFPWebHost Legal Department. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. PFPWebHost Legal Department reserves all rights not expressly granted in and to the PFPWebHost Legal Department Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Submissions include, but are not limited to, forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity. User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to PFPWebHost Legal Department that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any PFPWebHost Legal Department Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the PFPWebHost Legal Department Content or the User Content therein.
7. PFPWEBHOST LEGAL DEPARTMENT'S USE OF USER CONTENT
The provisions in this Section apply specifically to PFPWebHost Legal Department’s use of User Content posted to PFPWebHost Legal Department’s corporate websites (i.e., those sites which PFPWebHost Legal Department directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship or obligate PFPWebHost Legal Department to treat your User Submissions as confidential or secret.
PFPWebHost Legal Department has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
PFPWebHost Legal Department may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
PFPWebHost Legal Department shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions).
If you have a website or other content hosted by PFPWebHost Legal Department, you shall retain all of your ownership or licensed rights in User Content.
By posting or publishing User Content to this Site or through the Services, you authorize PFPWebHost Legal Department to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant PFPWebHost Legal Department a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and PFPWebHost Legal Department’s (and PFPWebHost Legal Department’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that PFPWebHost Legal Department may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, PFPWebHost Legal Department shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or PFPWebHost Legal Department’s (or PFPWebHost Legal Department’s affiliates’) business(es).
9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
PFPWebHost Legal Department generally does not pre-screen User Content (whether posted to a website hosted by PFPWebHost Legal Department or posted to this Site). However, PFPWebHost Legal Department reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. PFPWebHost Legal Department may remove any item of User Content (whether posted to a website hosted by PFPWebHost Legal Department or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by PFPWebHost Legal Department in its sole and absolute discretion), at any time and without prior notice. PFPWebHost Legal Department may also terminate a User’s access to this Site or the Services found at this Site if PFPWebHost Legal Department has reason to believe the User is a repeat offender. If PFPWebHost Legal Department terminates your access to this Site or the Services found at this Site, PFPWebHost Legal Department may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
12. TRADEMARK AND/OR COPYRIGHT CLAIMS PFPWebHost Legal Department supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to PFPWebHost Legal Department’s Trademark and/or Copyright Infringement Policy referenced above and available here.
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