5. CONTENT a) RESPONSIBILITY FOR YOUR USER-GENERATED CONTENT Certain of the Services may permit you to use your dailyfabfinds account to submit reviews (“Reviews”), commentary, postings on message boards, data, text, files, links, software, chat content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively “User-Generated Content”). User-Generated Content expressly excludes any Personal Information and/or confidential information that you provide to dailyfabfinds during the dailyfabfinds Account registration process in Section 4 above. You agree that you will only post User-Generated Content that you are legally entitled to publish, and Reviews that you believe to be true, and that you will not purposely provide false or misleading information in your Reviews. Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, you are not permitted to upload, post, or otherwise make such materials available on or though the Services. You are solely responsible for complying with all laws applicable to any User-Generated Content you submit to the Services, including any Reviews, and for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post or otherwise make available on or through the Services, including without limitation any Reviews. You are solely responsible for any User-Generated Content submitted to the Services from your dailyfabfinds Account, and acknowledge and agree that your User-Generated Content cannot always be withdrawn. dailyfabfinds reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services. dailyfabfinds reserves the right, but has no obligation, to monitor disputes between you and any business that you have reviewed. dailyfabfinds reserves the right in its sole discretion and without obligation to monitor all User-Generated Content to ensure conformity with these Terms and any other rules, policies or regulations as may be promulgated by dailyfabfinds from time to time it its sole discretion, as well as any applicable laws, rules and regulations of any government having proper jurisdiction over dailyfabfinds. BY USING OUR SERVICES, YOU AGREE THAT YOU WILL NOT SUBMIT ANY CONFIDENTIAL INFORMATION OR MATERIALS TO OR THROUGH THE SERVICES OFFERED BY dailyfabfinds. EXCEPT FOR dailyfabfinds ACCOUNTS CREATED PURSUANT TO SECTION 4 ABOVE, dailyfabfinds CANNOT AND DOES NOT AGREE TO MAINTAIN ANY INFORMATION OR MATERIALS YOU SUBMIT TO OR THROUGH THE SERVICES AS CONFIDENTIAL. b) CONTENT GUIDELINES dailyfabfinds has the right, but not the obligation, to refuse to post, edit, delete, truncate or to remove any User-Generated Content for any reason, including if the User-Generated Content contains any of the following: Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech) References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.) Reviews submitted by the reviewed business’ employees (past or present) or competitors, as determined by dailyfabfinds Reviews that do not address the goods and services of the business or Reviews with no qualitative value (e.g., “this place is great!”), as determined by dailyfabfinds in its sole discretion. Content commenting on other users or violating the privacy of other users, as determined by dailyfabfinds, in its sole discretion Content that contains personal attacks or describes physical confrontations and/or sexual harassment References to excessive damage caused by business or service to person or property Personal information or messages including, without limitation, email addresses, URLs, phone numbers and postal addresses Messages that are advertising or commercial in nature, amount to spam, or are otherwise inappropriate based on the applicable subject matter Language that violates the standards of good taste or the standards of this website, as determined by dailyfabfinds in its sole discretion Content determined by dailyfabfinds to be offensive, illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information Content that otherwise violates these Terms, or any Service-Specific Rules, or that may harm or threaten the safety of other users of the Services Content that is false or intentionally misleading Nothing set forth above shall alter or diminish your responsibility with respect to your User-Generated Content, as discussed herein. Reviews do not reflect the views of dailyfabfinds or any dailyfabfinds Parties. dailyfabfinds does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of a Review. You acknowledge and agree that, with respect to any conduct within the Services, dailyfabfinds assumes and shall have no liability for any action or failure to act on the part of dailyfabfinds. We are under no obligation to enforce the Terms on your behalf or against another user.
c) OUR RIGHT TO USE YOUR CONTENT; DERIVATIVE WORKS You hereby grant dailyfabfinds, its subsidiaries, and/or affiliated companies an irrevocable, unrestricted, royalty-free and perpetual worldwide license to use, reproduce, broadcast, modify, adapt, translate, transmit, sell, store, privately and publicly display, privately and publicly perform, create derivative works based upon, distribute, and promote any and all User-Generated Content that you submit, upload, post, send to or through all or any portion of the Services, including without limitation, both within the Services and such other products or services as dailyfabfinds may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. To the extent you submit to dailyfabfinds any ideas, concepts, know-how, techniques or other materials and/or information of any kind, you agree that we are free to use any and all of the foregoing without further permission or payment to you or any third party. You also permit any user of the Services or dailyfabfinds Web Pages to access, display, view, store and reproduce such User-Generated Content for personal use. You waive any right to inspect or approve uses of any User-Generated Content you submit or to be compensated for any such uses. dailyfabfinds is under no obligation to give credit or pay any consideration to you for User-Generated Content. You agree that dailyfabfinds owns all right, title, and interest in any compilation, collective work or other derivative work created by dailyfabfinds using or incorporating your User-Generated Content, irrespective of any right, title or interest you or others may retain in your User-Generated Content. By submitting User Generated-Content to or through the Services, you represent and warrant that (i) you have the right to grant any and all necessary licenses and rights provided herein, including without limitation, all necessary copyright and other related rights to the User-Generated Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, and (ii) the User-Generated Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation. dailyfabfinds does not owe you any payment with regard to any feedback, ideas, suggestions, or anything else about the Services contained in any User-Generated Content. d) ADVERTISING You understand and agree that the Services may include advertisements and that these advertisements are necessary for dailyfabfinds to provide the Services. dailyfabfinds relies on its advertisers for the accuracy and completeness of such advertising. dailyfabfinds and its Partners (as defined in our Privacy Policy) may publicly display advertisements and other information adjacent to or included with your User-Generated Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.