TERMS AND CONDITIONS SPECIFIC TO UGC (USER-GENERATED CONTENT)
1. In ViewChat, a member (“a user”) can share his or her own UGC with other members. In most instances, ViewChat does not claim ownership of UGC of a member; however, a member grants ViewChat a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such UGC, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with ViewChat and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to members or any other person or entity. Members agree that submission of UGC does not establish any relationship of trust and confidence between members and ViewChat, and that members have no expectation of compensation whatsoever.In this case, ViewChat automatically reserves the right to use, reproduce, modify, adapt, publish, translate, reuse, and distribute members’ UGCs (not limited to images, videos, customer service applications, ideas, proposals, and postings) to the maximum extent permitted by relevant laws. These rights held by ViewChat are non-exclusive but irrevocable rights that are not limited to regions. ViewChat do not pay for these rights. Members agree that these rights can be used for all purposes, including commercial purposes, without any compensation to members who created the UGC.
2. To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform UGC that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the UGC, in all formats and media known or unknown to date, including for use on Company’s products and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
3. You represent and warrant that your UGC conforms to this terms and conditions specific to UGC (“Agreement) and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the UGC, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your UGC in all manners contemplated by this Agreement; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your UGC resulting from your breach of this Agreement. You also agree to waive and not to enforce any moral rights, ancillary rights, or similar rights in or to the UGC against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
4. Members of ViewChat must not submit or upload UGC that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by laws.
ViewChat may monitor, screen, post, remove, modify, store and review UGC or communications in ViewChat, at any time and for any reason, including to ensure that the UGC or communication conforms to this Terms and Conditions, without prior notice to members. ViewChat may terminate the account and access of a member to ViewChat if his or her UGC violates this this Terms and Conditions, including unlawful postings or content, without prior notice to the member. ViewChat is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
In particular, if a member posts an inappropriate UGC on ViewChat, ViewChat deletes the UGC as soon as possible (within 24 hours). In addition, members may report an inappropriate UGC of other members to ViewChat monitoring team. If a member’s UGC has a hyper link outside ViewChat, the member must make sure that the content of the link is suitable for ViewChat’s UGC policy. This rule applies not only to “imbed links” in which videos are automatically played when clicked, but also to “simple links” just indicating the location information or path of a website. This is because simply posting a link can aid in the infringement of copyright law. Therefore, if the link a member posts or the website a member refers to is inappropriate, ViewChat deletes it immediately.
Members agree that they will not hold ViewChat responsible for damages to themselves caused by other members’ UGCs (including but not limited to defamation, harassment, or loss/damage related to false guarantees).
5. Members agree (i) that if his or her UGC does not infringe on the rights of others, especially the intellectual property rights of others now or in the future, (ii) that if UGC is used in the manner specified in these terms of use, members do not have to pay the usage fee and consider other companies now or in the future.
Members may not upload or post UGCs that infringe on other companies’ copyrights, trademarks, or other intellectual property rights. Also memembers may not upload UGCs that infringe on others’ personal information or portrait rights. Members are responsible for their own UGCs. This includes the transmission, publication, or other provision of text/file/link/software/photo/video/sound/music or other information or materials. You can upload only the UGC you have produced on ViewChat. You must not upload others’ UGCs on ViewChat.
6. Members agree to grant all members of ViewChat the right to access and use their UGC to the extent that it does not violate ViewChat’s policy and to deliver and distribute them to any member without further notice or compensation.
7. ViewChat collects contents and other information of communication that members provide when they are using ViewChat (including signing up for an account, creating or sharing contents, sending, or communicating with others). This may include information (metadata, etc.) that is included in the content provided by a member, such as the location of the photo shoot or the date of file creation.
8. In ViewChat, Members can share information about themselves through his or her UGC. All members of ViewChat can access the information and know the member who posted it. In this case, ViewChat does not guarantee the accuracy, efficacy or integrity of the UGC. This includes uploading or submitting UGCs, comparing statistics/personal best records/priority tables of other users, and searching for other users with usernames.
“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” The “Section 230” exemptions of the Communications Decency Act of the United States also applies to ViewChat. ViewChat does not promise and guarantee that it will succeed to take down all the contents that are defamatory, deceptive, or otherwise harmful.
However, if ViewChat notices the UGC, such as comparing statistics/personal best records/ranks produced by a member, materially violates ViewChat’s UGC policy, ViewChat deletes the UGC at any time.