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Terms of Use
1. CreiSel makes it possible for users (hereinafter “Users”) to publish on its website (hereinafter “Website”) certain files, commentaries or other content (hereinafter collectively referred to as “User Submissions”) free of charge. In this capacity Creisel renders to Users services of web hosting and is not responsible for the Website’s content.
2. Users’ use of CreiSel’s Website, consisting in publishing on it above mentioned User Submissions, means that User is solely responsible for the content and consequences of publishing User Submissions, including the results of granting to CreiSel, in accordance with Terms of Use, appropriate licenses, consents and permits, particularly as it refers to violating the rights of third parties. User is also solely responsible for CreiSel exercising its legal rights as it refers to violating by User the rights of third parties.
3. In connection with the possibility of publishing User Submissions on Website, User further agrees that:
a) he is entitled to publish User Submissions on Website, in particular, that User owns copyright for all the content constituting works under the provisions of the copyright law; that User with their actions does not violate any rights of third parties; and that User is entitled to grant CreiSel any licenses, consents and permits specified by Terms of Use. Any consequences of User acting in violation of the law, in particular, acting without appropriate rights or entitlements, shall be solely borne by User;
b) he is in possession of all the applicable consents and/or permits of each and every identifiable person appearing in User Submissions to use the name or likeness of each and every thus identifiable person;
c) he shall not publish on Website any content which is (i) misleading or untrue, which can harm either CreiSel or third parties; (ii) unlawful, obscene, defamatory, threatening, pornographic, hateful, racially or ethnically offensive, encouraging conduct that would be considered a criminal offense, give rise to civil liability, violating any law, or could otherwise be construed as inappropriate;
d) he shall not publish on Website any content while impersonating another person.
4. In the event that a third party lays any claim against CreiSel because of publishing on Website any User Submissions or because of granting to CreiSel, according to Terms of Use, any licenses, consents and permits, or exercising by CreiSel any rights that it is entitled to, User shall be obliged unconditionally, irrevocably and on the first demand of CreiSel or the applicable third party to settle such justifiable claims. In case when CreiSel has already settled such claims, User shall reimburse CreiSel for any costs related to settling such claims, including any costs of incurring legal aid.
5. By publishing on Website User Submissions which constitute works under the provisions of copyright law, User grants CreiSel license in every field of use described by copyright law, and in particular:
a) User grants CreiSel a limited, royalty-free, unconditional, worldwide license to distribute in any way part or all of User Submissions, including lending, renting, leasing, redistributing part or all of User Submissions, through the Internet or through any other media channels or formats; the aforementioned terms shall also apply to modified User Submissions (CreiSel hereby reserves the right to modify User Submissions), including part or all of User Submissions whose digital format have been modified,
b) User grants CreiSel a limited, royalty-free, unconditional, worldwide license to enter part or all of User Submissions into a computer’s memory, to publicly perform, show, play, transmit, broadcast or rebroadcast part or all of User Submissions in any media format and through any media channels; the aforementioned terms shall apply also to modified User Submissions (CreiSel hereby reserves the right to modify User Submissions), including part or all of User Submissions whose digital format has been modified,
c) User grants CreiSel a limited, royalty-free, unconditional, worldwide license to alter User Submissions, including altering digital format of User Submissions, according to CreiSel’s judgment, in particular when the changes are essential for technical or functional reasons,
d) User grants CreiSel a limited, royalty-free, unconditional, worldwide license to publish User Submissions in any media formats; the aforementioned terms shall apply also to modified User Submissions, including part or all of User Submissions whose digital format has been modified,
e) User grants CreiSel a limited, royalty-free, unconditional, worldwide license to prepare derivative works of User Submissions,
f) User grants CreiSel a limited, royalty-free, unconditional, worldwide license to permanently or temporarily copy and record part or all of User Submissions and their altered versions by any existing and yet to be created means or techniques in any form, in particular in any and all existing and yet to be created digital formats,
g) User grants CreiSel a limited, royalty-free, unconditional, worldwide license to translate, adapt, alter or change in any other way part or all of User Submissions,
h) User grants CreiSel license to use part or all of User Submissions in any other way or in any other form,
i) User grants CreiSel a limited, royalty-free, unconditional, worldwide license to grant sublicenses within the rights granted to CreiSel in Terms of Use.
6. Licenses specified in Terms of Use are granted to CreiSel at the moment of publication of User Submissions on CreiSel’s Website. These licenses are limited, which means that they expire when User’s account is removed or deleted by anybody for any reason (including removal by CreiSel, as well as by User), or when User Submissions are removed, deleted or their visibility is blocked by anybody for any reason (including by CreiSel, as well as by User).
7. By using CreiSel’s Website and publishing User Submissions on Website, User grants CreiSel permission to exercise (in a way which is limited, unconditional, royalty-free, worldwide) dependent copyright for any derivative works of User Submissions constituting works under the provisions of copyright law. The aforementioned terms shall concern both any existing derivative works of User Submissions and any derivative works of User Submissions to be created in the future. Conditions concerning permission to exercise dependent copyright mean in particular that CreiSel has the right to use such derivative works at CreiSel’s own discretion.
8. Permission to exercise dependent copyright established in Terms of Use is limited, which means that it expires after removal of User account for any reason (both by CreiSel and by User), or removal and blocking of visibility for any reason by anybody (including by CreiSel and by User) of User Submissions.
9. User agrees not to exercise individual copyright as it relates to User Submissions constituting works under the provisions of copyright law, and in particular User agrees not to demand from Creisel marking the works or their copies with any name, pseudonym, or any other sign indicating User. At the same time CreiSel warrants that on Website the files of User with an active account shall contain the source references (will be marked as supplied by a particular User through indicating User’s login).
10. CreiSel does not permit publishing on Website any User Submissions which in any way violate copyright or intellectual property rights of third parties and in case when such violation is found, CreiSel reserves the right to remove such User Submissions without prior notice to User and/or to terminate User’s access to Website.
11. CreiSel reserves the right to decide whether User Submissions comply with Terms of Use, especially those which forbid publishing on Website material which is pornographic, obscene or hateful. In such case CreiSel may remove such User Submissions without prior notice and/or terminate User’s access to Website.
12. User accepts that by using Website, User will be exposed to User Submissions which have been published on Website by other Users and which come from different sources and that CreiSel shall not be responsible for accuracy, usefulness, safety or intellectual property rights to User Submissions.
13. User also accepts that he may be exposed to other Users’ Submissions which are unsuitable, offensive or improper in other ways and that on this account User is not entitled to any claims for compensation against CreiSel. Neither is User is entitled to any claims for compensation against Creisel on account of CreiSel’s actions described in paragraph 5.a-5.i of Terms of Use.
14. The governing law shall be the law of the State of New York, United States of America.