The content on the Site, other than User Content (defined below) and certain publicly available information, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and the College-
Locator word marks and Phen24 design marks, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks (“Marks”) are owned by or licensed to Phen24 and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.
2. Use of the Site and Content
Prohibited content and activities include, without limitation, the following:(a) violating any local, state, national, or international law or regulation;(b) transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;(c) transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;(d) knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;(e) stalking, harassing, or harming another individual;(f) impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;(g) interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site; and(h) launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
3. User Content
The Site may enable you to submit your personal content to the Site for hosting, display, and distribution to other users of the Site (collectively “User Content”), such as posting messages and other content to community and interactive areas of the Site. When you provide Phen24 with User Content, you hereby grant to Phen24 and its affiliates, representatives, and assigns a non-exclusive, worldwide, fully paid, royalty free, transferable, sub-licensable, license and permission to display, publicly perform, distribute, store, transcode, syndicate, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. User Content may be available to other users of the Site. Phen24 reserves the right to display advertisements in connection with your User Content and to use your User Content to advertise and promote your User Content, the Site, and Phen24. Phen24 reserves the right to modify User Content in its sole and absolute discretion. Phen24 is not required to host, display, or distribute any User Content, and may delete, move, or edit User Content at any time.
Phen24 does not, as part of a regular, established practice, monitor, control, or have knowledge of any User Content transmitted on or through the Site. You agree that you are solely responsible for all User Content you transmit and receive on or through the Site.
You represent and warrant that:(a) you own all rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to Phen24 the rights in your User Content described herein;(b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content;(c) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in your User Content to enable you to grant the rights to Phen24 described herein;(d) you will make such permissions available to Phen24 upon request; and(e) your User Content do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
You agree to keep all records necessary to establish that your User Content do not violate any of the foregoing representations and warranties and to make such records available to Phen24 upon Phen24’s request.
You further agree that Phen24 and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content (“Feedback”), whether oral or written, that you may send to Phen24 or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Phen24 has no duties to you, with respect to such Feedback.
5. Digital Millennium Copyright Act
Phen24 respects the intellectual property rights of others. Upon proper notice, Phen24 will remove User Content or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Phen24 has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Phen24’s copyright agent (listed below) a notification of claimed infringement with all of the following information:(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;(b) identification of the claimed infringing material and information reasonably sufficient to permit Phen24 to locate the material on the Site;(c) information reasonably sufficient to permit Phen24 to contact you, such as an address, telephone number, and, if available, an email address;(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright Phen24, its agent, or the law;(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright Phen24 or authorized to act on the copyright Phen24’s behalf; and(f) your physical or electronic signature.