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User Submissions and Conduct A. You may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Montana State Fund 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 the necessary licenses, rights, consents, and permissions to use and authorize Montana State Fund to use any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website 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 Montana State Fund, you hereby grant Montana State Fund a worldwide, non-exclusive, and royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the NOJACK.NET Website and Montana State Fund’s business in any media formats and through any media channels. You also grant each user of the NOJACK.NET Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Comments are perpetual and irrevocable.
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 Montana State Fund all of the license rights granted herein.
F. Montana State Fund does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Montana State Fund expressly disclaims any and all liability in connection with User Submissions. Montana State Fund does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Montana State Fund will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. Montana State Fund reserves the right to remove User Submissions without prior notice.
Limitation of Liability
IN NO EVENT SHALL MONTANA STATE FUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, CONSULTANTS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCEIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMANGES WHATSOEVER RESULTING FROM ANY (i) ERROR, MISTAKES, OR INACCURANCE OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (iii) ANY UNATHORIZED ACCESS TO OT USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN , (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND OR (v) ANY ERRORS OR OMISSION IN NAY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NOJACK.NET WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MONTANA STATE FUND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MONTANA STATE FUND SHALL NOT BE LIABLE FOR USER SUBMISSION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend, indemnify and hold harmless NOJACK.NET, Montana State Fund, its officers, directors, employees, vendors, consultants 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 NOJACK.NET web site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to you or a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the NOJACK.NET web site. Use of this site in any way, or any activity arising from use of this site in any way, constitutes acceptance of these Terms.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the NOJACK.NET is not intended for children under 13. If you are under 13 years of age, then please do not use the NOJACK.NET web site. |
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