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A. You may submit picture content (“User Pictures”) and textual content (“User Comments”) to averagecats.com. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, averagecats.com does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize averagecats.com to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to averagecats.com, you hereby grant averagecats.com a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Service.
D. In connection with User Submissions, you further 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 averagecats.com all of the license rights granted herein.
E. averagectas.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and averagecats.com expressly disclaims any and all liability in connection with User Submissions. averagecats.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and averagecats.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. averagecats.com reserves the right to remove Content and User Submissions without prior notice.
F. If you provide feedback to us regarding the Websites, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
You agree to defend, indemnify and hold harmless averagecats.com, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Websites.