A. The Sites and Service permit the submission of images, recordings, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Race2ube does not guarantee any confidentiality with respect to any such submissions.
B. You understand that when using the Race2ube Website you will be exposed to User Submissions and the consequences of posting or publishing them. You agree that Race2ube has no liability with respect to any User Submissions, including, without limitation, your own User Submissions, and you hereby irrevocably release Race2ube and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
C. As a Race2ube account holder you may submit video content (“User Videos”) and textual content(“User Comments”). User Videos and User Comments are collectively referred to as “User Submissions”) You understand that whether or not such User Submissions are published, Race2ube does not guarantee any confidentiality with respect to any User Submissions.
D. In connection with your User Submissions, you affirm, represent, and warrant that (and that you can and will demonstrate to Race2ube's full satisfaction upon its request that): (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Race2ube to use each and every image and sound contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Sites, the Service and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Sites, the Service and these Terms of Use; and (iii) the posting of your User Submission on or through the Sites or the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the Sites or the Service.
E. In connection with User Submissions, you agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Race2ube all of the license rights granted herein.
F. By submitting the User Submissions to Race2ube.com, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you hereby do and shall grant Race2ube a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Sites, the Service and Race2ube's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites).
G. You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to Race2ube does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s).
H. In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage Race2ube or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Race2ube all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country. Race2ube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Race2ube expressly disclaims any and all responsibility or liability in connection with User Submissions.
I. Race2ube reserves the right to decide whether Content or a User Submission is inappropriate or violates these Terms of Use, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Race2ube also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Sites or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Race2ube assumes no responsibility for monitoring the Sites, the Service, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Sites or the Service.