3.1. User-generated Content.

3.1.1. As used in these Terms, the term "User-generated Content" shall mean any form of content, such as images, videos, text, comments, messages, reviews, and audio, that has been posted, submitted, transmited, uploadad, displayed, recorded, or otherwise published, whether publicly or privately, by Users through the Services.

3.1.2. We represent to be, and You further acknowledge to understand that We are only a passive conduit for User-generated Content. You expressly acknowledge and agree that all User-generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who created such User-generated Content.

3.1.3. You acknowledge that We are under no obligation to prevent or identify intellectual property right infringements of any kind or to review, assess, monitor or otherwise oversee the User-generated Content submitted, uploaded, distributed or retrieved in connection with Your use of the Services for, as an example: (i) unlawful, inappropriate or not allowed use; (ii) non-compliance with governmental laws or regulations; and/or (iii) infringement or enforcing Your rights or third-party rights with respect to User-generated Content.

3.1.4. You also acknowledge that We can't guarantee that any of the User-generated Content will be to Your satisfaction. In this sense, You acknowledge and agree that, by using the Services, You might be exposed to User-generated Content that is offensive, indecent or objectionable, and that the User-generated Content of other users may contain errors or omissions of any kind. You further acknowledge and agree that We are under no obligation to screen or review any User-generated Content posted or published through the Services in regard to material which might be considered offensive, indecent, objectionable, as well as for possible libels, falsehoods, defamatory materials, errors or omissions contained in it. In no event We shall be deemed liable in any manner for any User-generated Content, including, but not limited to, for any falsehoods, defamation, errors or omissions in any such User-generated Content, or for any losses, harms or damages of any kind suffered as a consequence of the use or publication of any of the User-generated Content made available through the Services.

3.1.5. Under any circumstances, You undertake to keep Us harmless and indemnified against any and all damages, losses or otherwise liabilities resulting from or related to User-generated Content according to the foregoing. Also, You undertake to keep Us informed, at all times, about any infringement of intellectual property rights whenever You become aware of it.

3.2. User-generated Content Licensing, its Preservation and Disclosure.

3.2.1. By making available any User-generated Content through the Services, You acknowledge to grant Us a royalty-free, global, perpetual, irrevocable, non-exclusive, and sublicensable, right to license such User-generated Content, so We can use and process it, whether in whole or in part, through any format or medium, as long as it's strictly compliant with the general data protection regulation applicable to the case, and as long as it is also compliant with the Company’s corporate activities, for example (this list is not exhaustive):

a) generate derivative works from, sell, lease, transmit, disassemble, utilize and process the User-generated Content to test and advance the Company’s proprietary technologies and processes;
b) use, exhibit, broadcast, publish, publicly display, publicly perform, distribute, copy, store, reproduce, promote and store the User-generated Content on, through, or otherwise in connection with the Services;
c) secure, encode, host, cache, route, reformat, modify, edit, adapt, translate, analyze and create algorithms and reports based on access to and use of the User-generated Content.

3.2.2. You acknowledge and agree that We may preserve and disclose User-generated Content, whenever it is required to Us by law or, in accordance with these Terms, as it may be considered necessary to:

a) comply with a legal process;
b) enforce these Terms;
c) respond to claims that any User-generated Content violates the rights of third parties; or
d) protect Our rights, property, or personal safety of Our affiliates and the public.

3.2.3. You also acknowledge and promise that the technical processing and transmission of these Services, including Your User-generated Content, may imply transmissions over various networks, as well as to changes to be adapted according to technical requirements of connecting networks or devices.

3.3. User-generated Content Representations.

3.3.1. You hereby warrant and represent to own or hold in any manner all rights related to any User-generated Content that You have posted on or through the Services.

3.3.2. You warrant and represent to be solely liable for:

a) being compliant with all and any laws, rules and applicable regulations;
b) any kind of Prohibited Content;
c) abiding by any and all of these Terms;
d) obtaining all necessary consents, permissions, licenses and waivers from copyright owners, artists, actors, directors, performers, writers, producers, or any other individuals, in connection with the User-generated Content;
e) obtaining any required synchronization and master use licenses from the owners of the musical compositions and sound recordings embodied in the User-generated Content, if any;
f) any payments pertaining to labor unions and guilds in connection with posting and publicizing the User-generated Content (to the extent required under the applicable law, collective bargaining agreements or otherwise);
g) obtaining public performance licenses from public performance rights collection organizations, if applicable.

3.3.3. You promise to indemnify, defend, and hold Us harmless for all claims resulting from any User-generated Content You post. In that regard, We reserve the right, at Our own expense, to assume solely the defense and control of those disputes and, in any event, You will cooperate with Us in asserting any available defenses.

3.4. Restrictions on User-generated Content.

3.4.1. Nothing provided under these Terms shall be understood as to grant You any license or right to use any User-generated Content accessed through the Services, provided that no prior written consent of that User-generated Content’s owner is given. Any and all rights not explicitly granted herein are reserved to their owner or otherwise to the holder of their legal title.

3.4.2. We shall not, under any circumstance, be deemed liable for the:

a) selection, acquisition, distribution and licensing of User-generated Content; or
b) acquisition and payment of any third-party licenses, rights clearances or other permissions needed from unions, guilds or other entities to use User-generated Content in the manner authorized by You.

3.4.3. You are the only responsible for maintaining copies of the User-generated Content and only You shall take the precautionary measures to back it up and to ensure its protection. In this regard, We have no obligation to provide You, or otherwise to any third party, with any backup or any archival copies whatsoever of any User-generated Content posted on or through the Services, to the extent permitted by law.

3.4.4. Moreover, You acknowledge and promise that the rights of access to others’ User-generated Content, granted to You on or through the Services, are only limited to the terms of those rights that You must have obtained in relation to the receipt of such User-generated Content.

3.4.5. Except as expressly allowed, You are not entitled to copy, reproduce, transmit, modify, publish, sell or transfer, keep, retain or generate derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any User-generated Content to which You have gained access through the Services, including, without limitation, by adding data and or User-generated Content from the Services into any search, e-mail, catalogue, directory, or other white pages products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the above-mentioned conducts can constitute a crime or other kind of unlawful behaviuor for which You might be held criminally and civilly liable.

3.5. User-generated Content Review.

3.5.1. You acknowledge and promise that We have no obligation to (however We reserve the right to), at Our discretion, pre-examine any of the User-generated Content, in whole or partially, before or through it is finally posted to the Services.

3.5.2. We also reserve the right, however, We have no obligation to, at Our sole discretion, reject, move, edit or remove any User-generated Content that is posted to the Services.

3.5.3. Without limiting the paragraphs above, We and Our designees shall have the right to remove any User-generated Content that violates these Terms or is, at Our sole discretion, otherwise objectionable.

3.5.4. You acknowledge and agree that We do not verify, adopt, ratify, or sanction User-generated Content, and that it is Your sole duty to evaluate and bear all risks associated with the use You make of, including, without limitation, Your reliance on the accuracy, completeness, or usefulness of, the User-generated Content.

3.5.5. You also acknowledge that We are, and that You engage Us herein as, providers of an interactive computing service.

3.5.6. We expressly reserve the rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Services.

3.5.7. Furthermore, You acknowledge and agree that, should the Services provide You with an opportunity to interact with a third-party’s service (for example, Facebook, Twitter, etc.), You shall obey such third-party’s terms of service and privacy policy, and in that regard We encourage You to review such terms of service.

3.6. User Feedback.

3.6.1. All information that You provide Us by e-mail or other mediums, including, without limitation, feedbacks, answers, questions, comments, suggestions, plans, ideas or any similar, shall be, to the extent permitted by law, deemed non-confidential, provided that it is duly anonymized.

3.6.2. We shall have no obligation to, under such circumstances, protect any information from disclosure.

3.6.3. Our receipt of Your feedback shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Us for any purpose whatsoever, and We reserve the right to freely reproduce, use, disclose and distribute such information to third parties, to the greatest extent permitted by law.

3.7. Compliance under the Bolstering Online Transparency Act.

3.7.1. Please, note that while using Our Services You may sometimes interact with automated online accounts and/or fictitious profiles, which its interactions have been generated by or with the assistance of automated programs or scripts, or by real persons that have been contracted or employed by Us (hereinafter referred to as “Bots”, "Automated Profiles” or “Fictitious profiles”). These Automated Profiles are being used within the Services for enhancing Your amusement experience and providing You with entertaining services, which helps You to better intercommunicate with another user who is a real human being.

3.7.2. Bear in mind that none of the content or actions made by Automated Profiles are the result of, or arise in connection with, a natural person’s profile or otherwise User-generated Content. None of the dialogues with the Automated Profiles really exist and have been generated exclusively by programming.

3.7.3. In compliance with the Bolstering Online Transparency Act (when applicable) or any other equivalent regulation, We added tags with the nickname "" to all the existent Automated Profiles, so they are easily identifiable for You. This tag will always be displayed on the top bottom right of the user’s identification information.

3.8. Content of our Partners.

3.8.1. By using the Services You may be exposed to, interact or otherwise be provided with the following, which shall be hereinafter referred to as “Partners Content”:

a) information and content provided by third parties;
b) links to third-party websites or resources, such as sellers of goods and services; and
c) third-party products and services for sale directly to You.

3.8.2. The Partners Content may contain affiliate marketing links, encoded by third-party partners, through which We may get a compensation for actions executed by You, as for example, when clicking on or making final purchases via that Partners Content. In that regard, You acknowledge and consign that such Partners Contents may be utilizing cookies.

3.8.3. We are not responsible for the availability of such Partners Content, We do not endorse nor may We be deemed liable, and We shall not undertake any responsibility for:

a) any content, advertising, products, or other materials on or available from Partners Content;
b) any errors or omissions in Partners Contents, or;
c) any information handling practices or other business practices of the operators of Partners Contents.

3.8.4. You further acknowledge and agree that We shall not be responsible nor liable, whether directly or indirectly, for any damage or loss materially caused or not by or in connection with the use of or the reliance on any Partners Content. In other words, Your interactions with the Partners Content shall be only governed by the relevant third-parties’ own terms of service and privacy policies.

3.8.5. You acknowledge and understand that You may not use the Services in connection with any business, media purposes, or otherwise commercial endeavours (hereinafter referred to as “Commercial Use”), under penalty of immediate termination and further legal actions.

3.8.6. For the avoidance of doubt, any use of the Services other than personal and consistent with these Terms, including use by competitors and the media, shall be construed as Commercial Use, considered in such case as unauthorized.

3.9. Prohibited Content.

3.9.1. You promise to refrain from using the Services to post, upload, download, e-mail, transmit, transfer, distribute, display or link to, any User-generated Content that:

a) Uses or exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way;

b) Advocates or promotes illegal activity, discusses any illegal activity, irrespective of intent, or that provides instructions for illegal activity (in any case, as determined by Us, at Our absolute discretion);
c) May be construed as vulgar, obscene, violent, pornographic, hateful or racially, sexually, ethnically or otherwise objectionable by, or as intended to harass, abuse, or threaten any, person;
d) May imply a moral and ethical reprehensible discrimination, as well as it may degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexuality, disability, etc.;
e) Is deemed as unlawful, harmful, tortious, defamatory, libellous, or invasive to or of other’s privacy or publicity rights;
f) Contains advertising, offers for sale or sells any item, whether prohibited or not from advertising or selling by any applicable local, state, national, or international law, especially firearms, explosives, or weapons, alcoholic beverages, tobacco products for human consumption, including, without limitation, cigarettes and cigars, items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that is otherwise pornographic in nature, any controlled substances or pharmaceuticals, any dangerous items, any items that violate or infringe the rights of other user or otherwise third parties, any items that You do not have the legal right to sell, and any items that, on doing so through the Services, would cause Us to violate any law;
g) Contains any malicious or invasive software, device, instructions, computer code, files, programs or other content or feature, including, without limitation, any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any form of malicious code designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment, or that could otherwise diminish the quality of, interfere with the performance of, or impair the functionality of, the Services;
h) May be used as or for “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), whether directly or indirectly;
i) Obstacles or otherwise prohibits communication or disrupts user discussion;
j) Infringes, or otherwise may contribute to inducing or facilitating the infringement of, third-parties’ intellectual property rights;
k) Contains any trade secrets or other confidential or proprietary information, or any material that You do not have a right to make available under any law or under contractual or fiduciary relationships, including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
l) Falsely states or otherwise misrepresents Your affiliation with a person or entity, or facilitates or enables You to impersonate any person or entity in a manner that does not constitute parody;
m) Could disable, overburden, or impair the normal functioning of the Services;
n) Violates, or otherwise facilitates violation of, these Terms or any guidelines or Policies posted by Us;
o) Violates the law or encourages conducts that would constitute a criminal offense or give rise to civil liability;
p) Is in any way related to any raffle, sweepstakes, contest or game requiring a fee by participants;
q) Interferes with the use and enjoyment of the Services by any other person.
r) Pornography, incest, bestiality, rape (or any non-consensual sexual behaviour), and non-consensual mutilation or body part which is related to children;

3.10. Forbidden Activities.

3.10.1. The Services shall not be used to violate any applicable local, state, national or international law, including, without limitation, any rules of any governmental authority or agency and their regulations with force of law, whether intentionally or unintentionally.

3.10.2. The use of the Services for any illegal purpose, or for any other purpose which is not expressly permitted in these Terms, shall be considered strictly prohibited. Such prohibited uses may include, without limitation, the following activities:

a) Commercially use the Services, including, without limitation, for benchmarking or to compile information for a product or service;
b) Sell, rent, lease, sublicense or otherwise transfer or distribute the Services to third parties;
c) Attempt to or otherwise gain unauthorized access to others’ accounts;
d) Store or collect personally identifiable information about other user or otherwise third parties for unwarranted or unlawful purposes;
e) Partake in any activities that constitute or aid in software piracy, including, but not limited to, making available tools that can be used for no purpose other than for “cracking” software or other copyrighted User-generated Content;
f) Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with Our prior written consent;
g) Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the user-available portions of the Services through a browser or accessing the Services through any approved API;
h) Use third-party’s intellectual property, as long as You do not hold any legal title or right for doing so;
i) Violate the restrictions in any robot exclusion protocol of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
j) Interfere with or disrupt, or attempt to interfere with or disrupt, the Services or Our servers and networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k) Modify, alter, destroy or otherwise remove any copyright, trademark or other proprietary notices, images or logos displayed, provided on or embedded within the Services;
l) Through misrepresentation or otherwise, solicit personal or sensitive information from other users, including, without limitation, address, credit card or financial account information, or passwords;
m) Pornography, incest, bestiality, rape (or any non-consensual sexual behaviour), and non-consensual mutilation or body part which is related to children;
n) Impersonate any person or entity, including, but not limited to, the Company, its officials or employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or make false or misleading indications of origin or fact, employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the Services;
o) Frame, inline link, or similarly display the Services or any portion of the Services;
p) Restrict, inhibit, or otherwise interfere with, the use and enjoyment of the Services by any other person.

3.11. Our right to remove User-generated Content.

We reserve the right, at Our sole and absolute discretion, to remove any User-generated Content, block access to the Services, and cancel the account of any user deemed in violation of the foregoing.

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