This User Content Submission Agreement was last modified on June 3, 2010, and is effective immediately
QUAKER STATE WEBSITE
USER CONTENT SUBMISSION AGREEMENT
IMPORTANT NOTE: You must meet the Age Requirements in Section 2 of this User Content Submission Agreement, and each and every time you submit or attempt to submit User Content, among other things, you will be asked to confirm your compliance.
1. Submitting User Content; Age Requirement.
The term “User Content” means and refers to any and all content, media and materials you submit for posting on the Site using the User Content Submission Features, including, without limitation, testimonials, endorsements, opinions, text, still photographs, writings, spoken statements, audio-visual works and recordings, artwork and/or computer graphics, including all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. Each time you upload or submit User Content (or if you attempt to do so), you will be confirming your acceptance of, and agreement to be bound by, all of the terms and conditions of this User Content Submission Agreement. By submitting User Content, you are also agreeing and you understand that the term “User Content” also includes, without limitation, and refers to all of the information that you submit or that we may receive which is related to your submission.
By submitting User Content pursuant to the terms and conditions of this User Content Submission Agreement, you are certifying that you are at least 18 years of age or older (or if you are not, you have the consent of your parent or guardian and have provided us with verification of same) and that you reside in the United States of America, its territories and possessions (“U.S.”). If you are not yet 18 years old (or if you are not, you have the consent of your parent or guardian), or do not reside in the U.S., please do not submit any User Content. By using the Site and submitting User Content, you certify that you are at least 18 years of age (or if you are not, you have the consent of your parent or guardian and such parent or guardian has provided us with verification of same) and meet any other eligibility and residency requirements of the Site.
2. Rights Granted to Quaker State.
In connection with all User Content you submit using the User Content Submission Features, you grant to Quaker State the unqualified, unrestricted, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium (including, without limitation, on television) and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, edit, modify, reformat, translate and otherwise exploit all or any portion of your User Content on the Site and any other channels, services, and other distribution platforms, whether currently existing, or existing or developed in the future, of Quaker State (including, without limitation, on television) (collectively, the “Platforms”), for any purpose whatsoever (including, without limitation, for any commercial and/or promotional purposes).
The rights, licenses and privileges described in this User Content Submission Agreement and granted to Quaker State shall commence immediately upon submission of your User Content to or through the User Content Submission Features and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by Quaker State upon notice to you. Once you submit or attempt to submit User Content, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to Quaker State. You are not entitled to and you will not receive any compensation or other consideration for your User Content or any use made of your User Content once submitted. The aforementioned rights are granted by you without the requirement of accounting, payment, obligation or liability to you, notwithstanding that your User Content may be displayed on or otherwise used by or in connection with the Site, or other Platforms.
You hereby release Quaker State from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you shall or may have in connection with your User Content, including, without limitation, any and all liability for any use or nonuse of the your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Content and the rights granted to the Quaker State hereunder.
3. User Content Standards; Unauthorized Content.
Quaker State does not control any User Content submitted. Quaker State reserves the right to review any submitted User Content and to delete, remove, move, edit or reject, without notice to you, any User Content that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this User Content Submission Agreement or to be unacceptable to us, for any reason or for no reason whatsoever; provided, however, that Quaker State shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. Quaker State reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.
Except for the licenses, authorizations, consents and rights granted hereunder and described in this User Content Submission Agreement, as comprehensive and broad as they may seem or actually be, Quaker State acquires no title or ownership rights in or to any User Content you submit, and nothing in this User Content Submission Agreement conveys to us any ownership rights in your User Content. Quaker State is acting only as a host, bulletin board or conduit for submitted User Content, with all of the specific rights granted by you hereunder.
You must own the rights to the User Content you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this User Content Submission Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this User Content Submission Agreement and perform and comply with all of its obligations. You represent, warrant and covenant to Quaker State and, by submitting User Content, you reaffirm each such representation, warranty and covenant, that (a) you have the legal right and capability to enter into this User Content Submission Agreement and perform and comply with all of its terms and conditions or, if you are under 18, your parent or legal guardian has agreed to this User Content Submission Agreement on your behalf, (b) all of the information provided by you associated with your User Content is correct, complete and current, (c) your submission of any User Content does not violate this User Content Submission Agreement, (d) your User Content does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (e) the User Content is not obscene, offensive or harassing of any individual, (f) the User Content shall not be injurious to the health of any user, (g) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the User Content, and (h) for any User Content that contains original videos, you will comply with any applicable identification verification and record-keeping requirements. Upon the request of Quaker State, you will furnish to Quaker State any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this User Content Submission Agreement, including, without limitation, the foregoing representations, warranties and covenants.
You acknowledge that other persons may have submitted User Content to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your User Content or concepts contained therein. You understand and agree that you will not be entitled to any compensation because of the use or exploitation thereof and that the submission of User Content, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a song, audio file, presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Content you or anyone else submits, that is purely coincidental and unavoidable.
You agree to indemnify, defend and hold Quaker State, or any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this User Content Submission Agreement by you, or public posting of your User Content. Quaker State reserves the right to assume, at their sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Quaker State in the defense of any such claim, action, settlement or compromise negotiations, as requested by Quaker State.
6. Disclaimers and Limitation of Liability.
THE USER CONTENT SUBMISSION FEATURES ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR USER CONTENT SUBMISSION FEATURES. QUAKER STATE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE, THE PLATFORMS, USER CONTENT SUBMISSION FEATURES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.
THE SITE AND USER CONTENT SUBMISSION FEATURES ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION FROM USING THE SITE AND/OR THE USER CONTENT SUBMISSION FEATURES. QUAKER STATE DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED BY US OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. QUAKER STATE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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