In the event of a conflict between this article and the Universal Terms of Service, the Universal Terms of Service will control.
Acceptable Use Policy and Content
Under this Agreement and Policies, Customer shall comply with Company’s then current Acceptable Use Policy (“AUP”), as amended, modified or updated from time to time by Company, which currently can be viewed under the Legal Details section of Company’s Site, and which is incorporated in this Agreement by this reference.
Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Company does not monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Services (collectively, the “Customer Content”). Customer Content also includes (but is not limited to) content of Customer’s website(s), customer(s) and/or user(s).
Some of the features of Company’s Site or the Services may allow Users to view, post, publish, share, store, or manage ideas, opinions, recommendations, or advice via forum posts, literary, artistic, musical, or other content (“User Content”). All content submitted through an Account is considered User Content. By posting or publishing User Content to Company’s Site or through the Services, Customer represents and warrants to Company that (i) Customer has all necessary rights to distribute User Content via Company’s Site or via the Services, either because Customer is the author of the User Content and has the right to distribute the same, or because Customer has the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Customer shall be solely responsible for any and all of Customer Content or User Content that is submitted through an Account, and the consequences of, and requirements for, distributing it.
Notwithstanding anything to the contrary contained in this Agreement, Company may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event Company takes corrective action due to a violation of the AUP, Company shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Company shall have no liability to Customer or any of Customer’s customers due to any corrective action that Company may take (including, without limitation, disconnection of the Services).