USER AGREEMENT FOR USER GENERATED CONTENT

User Agreement for User-Generated Content Submissions

 

This User Agreement was updated on, and its effective date is: March 24, 2022

 

WHEN YOU CHECK ‘YES’ WHEN USING OUR VIDEO RECORDER OR IF YOU POST ON THE FOODIE.TUBE COMMUNITY AT HTTPS://MEMBERS.FOODIE.TUBE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS USER AGREEMENT.

 

User Agreement for User-Generated Content Submissions- Rules for Content You Submit (“User Agreement”)

 

By using the Website, App, or Services or by otherwise interacting with them, you assent to this User Agreement. If you do not assent to this User Agreement, do not use the Website, App, or Services.

 

We reserve the right, at our discretion, to change, modify, add, or remove portions of this User Agreement at any time. If we make changes, we will notify you by revising the date at the top of the agreement and, in some cases (for example if we plan to use your information in a way that materially differs from this User Agreement), we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification).

 

We encourage you to review the User Agreement whenever you access the Website, App, or Services or otherwise interact with FoodieTube to stay informed. Your continued use of the Website, App, or Services following the posting of any changes to this agreement verifies that you accept such changes.

 

a) General. FoodieTube Limited (“FoodieTube”) may now or in the future offer visitors to https//www.foodie.tube or other FoodieTube affiliated websites or social media platforms (“Sites”) or mobile applications (“Apps”) the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Sites and Apps (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding FoodieTube Licensed Elements included therein, “User-Generated Content”). You acknowledge that you are responsible for any information, profiles, messages, text, files, claims, suggestions, images, photos, video, music, sounds, or other content or materials that you submit, upload, post or otherwise provide or make available to FoodieTube or its vendors, on or through the Sites and Apps or otherwise (“Submission”), including User-Generated Content you agree to allow the use of that on third party companies’ Sites and Apps, for example Instagram, Twitter, Facebook, LinkedIn, Pinterest, TikTok, Reddit and others sites owned or operated by customers of FoodieTube. Such Submission may be used on the Sites and Apps and/or on other FoodieTube marketing media, including emails, social media, paid digital advertising, television, print, paid out-of-home advertising, websites, and in-store signage. You may only make a Submission if you are 18 years of age or over and if your Submission is selected by FoodieTube to be used, it may be displayed for others to see, together with your name and associated Instagram, Twitter, Facebook or other (if applicable) profile information (such as your handle and profile picture). FoodieTube is under no obligation to display, feature or use any Submission, but may do so at its sole discretion. WHEN YOU CHECK ‘YES’ WHEN USING OUR VIDEO RECORDER OR IF YOU POST ON THE FOODIE.TUBE COMMUNITY AT HTTPS://MEMBERS.FOODIE.TUBE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS USER AGREEMENT.

 

b) Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Sites and Apps’s posted Privacy Policy or any additional terms that from time to time may apply, you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary and will not be returned, and (b) FoodieTube does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon FoodieTube’s request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this User Agreement. You acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content. You also acknowledge that FoodieTube or its partners may use your Submission, and any ideas, concepts or know how contained therein, for any FoodieTube purpose including, without limitation, developing, manufacturing, distributing and marketing products and/or services.

 

c) License to FoodieTube of Your User-Generated Content. Except as otherwise described in any additional or subsequent terms (such as a contest’s official rules), which will govern the submission of your User-Generated Content, you hereby grant, and warrant and represent you have the right to grant, to FoodieTube, and you agree to grant to FoodieTube and its affiliated entities, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, sublicensable, royalty-free and cost-free right and license to use, copy, record, distribute, translate, modify, reproduce, disclose, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof) and Submission, for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to FoodieTube to your User-Generated Content, you also hereby grant to FoodieTube, and agree to grant to FoodieTube, where permitted by applicable law, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section c). Subject to the rights and license you grant in this User Agreement, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.

 

d) FoodieTube 's Exclusive Right to Manage All User-Generated Content. FoodieTube may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and FoodieTube may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. FoodieTube reserves the right to treat User-Generated Content on the Sites and Apps as content stored at the direction of users for which FoodieTube will not exercise control except to block or remove content that comes to FoodieTube’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to FoodieTube, or to enforce the rights of third parties when notice of a violation comes to FoodieTube’s attention. Such User-Generated Content submitted by you or others need not, however, be maintained on the Sites and Apps by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Sites and Apps.

 

e) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least eighteen (18) years of age and are the parent or legal guardian, or have all proper consents from the parent(s) or legal guardian(s), of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant FoodieTube the rights to it that you are granting by this User Agreement and any additional terms, all without any FoodieTube obligation to obtain consent of any third party and without creating any obligation or liability of FoodieTube; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to FoodieTube’s permitted uses and exploitation set forth in this User Agreement, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate this User Agreement and will not cause injury or harm to any person.

 

f) Enforcement. FoodieTube has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant FoodieTube the right to protect and enforce its rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at FoodieTube’s cost and expense, to which you hereby consent and irrevocably appoint FoodieTube as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

 

g) It is FoodieTube's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, FoodieTube does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that FoodieTube is free to use any such content, information, ideas, suggestions or other materials, for any purpose whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

 

h) You further represent and warrant that your Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead FoodieTube as to the origin of any Submission. YOU AGREE TO INDEMNIFY FOODIETUBE, ITS CUSTOMERS, ITS VENDORS, AND THIRD PARTIES SUCH AS INSTAGRAM, LLC, TWITTER INC., FACEBOOK, INC., PINTEREST, INC., TIKTOK INC., REDDIT INC. AND OTHERS AND ANY OF OUR OR THEIR RESPECTIVE PARENTS, AFFILIATES, LICENSEES, LICENSORS, AND EACH OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS AND ASSIGNS, FOR ALL CLAIMS ARISING FROM OR IN CONNECTION WITH (A) THE USE OF ANY SUBMISSION, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS ARISING OUT OF OR BASED UPON COPYRIGHT OR TRADEMARK INFRINGEMENT, MISAPPROPRIATION, INVASION OF PRIVACY, DEFAMATION, RIGHT OF PUBLICITY AND/OR ANY BLURRING, ALTERATION, EDITING, MORPHING, DISTORTION, ILLUSIONARY EFFECT, FAULTY REPRODUCTION, FICTIONALIZATION OR USE IN ANY COMPOSITE FORM OF YOUR OR ANY OTHER PERSON'S OR ENTITY'S NAME, INSTAGRAM, TWITTER, OR FACEBOOK ID, PROFILE PICTURE, IMAGE, LIKENESS, COMMENTS, POSTS, STATEMENTS OR OTHER INFORMATION AND/OR THE SUBMISSION; OR (B) ANY BREACH OR ALLEGED BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAWS. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO FOODIETUBES’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.