1. USER CONTENT
This portion of the site allows the direct upload of user photos, text, graphics, audio, video, location information and comments (“User Content”). The inclusion of User Content on this site does not imply Living Spaces’ endorsement of or any affiliation with you or the applicable User Content.
By uploading User Content to this site, you grant to Living Spaces Furniture, LLC and its affiliates (collectively, “Living Spaces”) and its third-party service providers who provide content management services including Olapic, Inc. (collectively, with Living Spaces, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.
You hereby represent and warrant that (i) you own all rights in and to your User Content, or, if the User Content is subject to third party proprietary rights, including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (ii) you are not a minor, (iii) you are legally entitled to post the User Content, and (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive and the Licensed Parties’ use of your User Content as described herein will not violate any other law. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the site at any time and for any reason.
You agree to defend, indemnify and hold harmless Living Spaces from and against all claims and expenses (including reasonable attorneys’ fees) arising out of or connected to the use of the User Content uploaded by you. Living Spaces reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Living Spaces with such cooperation as is reasonably requested by Living Spaces.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS PLATFORM AND/OR UPLOAND ANY CONTENT IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.