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FLASHKIT.COM
SUBMISSION TERMS OF USE
Below are the terms that govern your submission of certain content to the flashkit.com Web site (the "Site"). We ask that you read the following terms of use (the "Agreement") with INT Media Group, Incorporated ("INTM") carefully, and proceed with your content upload only if all the terms are acceptable.
BY CONTINUING WITH YOUR CONTENT UPLOAD, YOU ARE STATING THAT YOU ARE AT LEAST 18 YEARS OF AGE, THAT YOU ARE ELIGIBLE TO USE THIS SERVICE, AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT.
PLEASE READ THE FOLLOWING CAREFULLY.
GENERAL
By submitting your sound loop, video loop, program, applet, software or other content ("Content") to the Site, you agree to these terms and conditions. INTM reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon publishing such changes or modifications in these Terms of Use. INTM further reserves the right to terminate your use of the Site at anytime. If you do not agree, you should not submit the Content to this Site.
THE CONTENT
By submitting the Content to the Site, you represent that you have the full right to send us the Content and that sending us the Content for publication on the Site will not violate or infringe the rights of any third person, including but not limited to, rights in copyrights, patents, trademarks, trade secrets or other proprietary rights. You also represent and understand that you are not receiving any compensation from the Site for the Content you are submitting. You further understand that submission of any Content to the Site does not in any way guarantee the Content will appear on the Site.
By submitting the Content to the Site, you grant to INTM the following rights to the Content: (i) the non-exclusive, worldwide, royalty free, perpetual, non-revocable license and right to electronically publish and distribute the Content in all versions of the Site, and any Web site of the internet.com network, in any language and the right to translate and electronically publish and distribute the Content to other Internet sites under license or contract with INTM; and (ii) the right to create derivative works from the Content and the right to sub-license, reproduce, resell, and redistribute the Content, and any derivative works thereof, to third parties in any medium and anywhere in the world without compensation to you.
Finally, we may delete the Content at any time, without any notice to you.
YOU REPRESENT AND WARRANT TO INTM THAT:
You are the sole author or permitted licensee of the Content and have the full power and authority, free of any rights of any nature whatsoever by any other person, to enter into this Agreement and to grant the rights, which are being granted by this Agreement.
You have not removed any copyright or other ownership notice from the Content.
The Content does not and if published on the Site, will not infringe upon any copyright or any proprietary right of any third party, at common law or otherwise.
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Site or information presented through the Site by INTM or INTM's advertisers is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that INTM can display images and text throughout the Site, including the insertion of sponsor messages into messages distributed on the Site.
YOU FURTHER REPRESENT THAT YOU WILL:
Make certain any hypertext links within the Content are active and working, obtain any necessary approvals, and make certain that such linking does not violate any copyrights, patents, trademarks, trade secrets or other proprietary rights.
Not make any statement that you know, or should have reason to know is untruthful and/or unlawful.
Not submit any Content that is defamatory, libelous, obscene, in violation of any law, or contains any viruses, "worms", "trojan horses" 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;
Not post files or information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs;
Not upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
INDEMNIFICATION
You agree to indemnify, defend and hold harmless INTM, its subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees and costs) asserted by any third party due to or arising from or in connection with your use of, conduct on, or submissions to the Site. INTM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, SHALL INTM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF INTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with the laws of the State of Connecticut, USA applicable to agreements made and to be performed in Connecticut, USA. You agree that any legal action or proceeding between INTM and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Connecticut, USA, County of Fairfield. INTM's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. INTM may assign its rights and duties under this Agreement to any party at any time without notice to you.
BY UPLOADING CONTENT TO FLASHKIT.COM, I STATE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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